The Civil Justice Council has set a deadline of summer 2024 for its interim report into post-PACCAR reforms, with the full report due by summer 2025
Under the terms of reference, published this week, the review will set out the current position of third-party funding, consider whether third-party funding should be regulated and whether current arrangements deliver effective access to justice, and make clear recommendations for reform.
Last year, the Supreme Court held some litigation funding agreements are unenforceable, in R (PACCAR) v Competition Appeal Tribunal [2023] UKSC 28.
The Litigation Funding Agreements (Enforceability) Bill, currently before Parliament, will make it easier for litigants to secure third-party funding for claims against large corporations.
Martyn Day, co-president of Collective Redress Lawyers Association, said: ‘We will encourage the review to carefully consider the pitfalls of “over regulating” the sector and the inherent dangers of artificially limiting the remuneration available to funders.’
