header-logo header-logo

The insider: 8 September 2023

08 September 2023 / Dominic Regan
Issue: 8039 / Categories: Opinion , Costs , Litigation funding , Profession
printer mail-detail
136501
Landed back to an overwhelming in-tray & a deep sense of autumnal angst? Dominic Regan sets out where best to begin

Now that the summer holidays are over, it is time to address current causes of concern for the civil litigator. What should one worry about? Where would you like to begin?

CAT calling

The Supreme Court judgment in R (on the application of PACCAR Inc and others ) v Competition Appeal Tribunal and others [2023] UKSC 28 decided that a litigation funding agreement was unlawful. By a majority of four to one (Lady Rose dissenting in exquisite detail), the court found that the funding arrangement was a damages-based agreement (DBA). Section 47C (8) of the Competition Act 1998 states that a DBA ‘is unenforceable if it relates to opt-out collective proceedings’, which these truck cartel claims were. I am indebted yet again to PJ Kirby KC who, despite being on holiday, gave me the benefit of his wisdom. The problem is that all Competition Appeal Tribunal (CAT) opt-out claims

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Mourant—Stephen Alexander

Mourant—Stephen Alexander

Jersey litigation lead appointed to global STEP Council

mfg Solicitors—nine trainees

mfg Solicitors—nine trainees

Firm invests in future talent with new training cohort

360 Law Group—Anthony Gahan

360 Law Group—Anthony Gahan

Investment banking veteran appointed as chairman to drive global growth

NEWS
Artificial intelligence may be revolutionising the law, but its misuse could wreck cases and careers, warns Clare Arthurs of Penningtons Manches Cooper in this week's NLJ
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
back-to-top-scroll