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24 May 2024 / David Greene
Issue: 8072 / Categories: Opinion , Litigation funding , International
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Funding in flux

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David Greene on the debate about the future of litigation funding at home & abroad

The Litigation Funding Agreements (Enforceability) Bill (LFA(E)B) is on a head-long flight through both Houses of Parliament, currently in committee stage in the House of Lords, where it was introduced. The terms of the Bill are short and sweet (subject to your view, as below), one section reversing with retrospective effect the decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, [2023] 4 All ER 675. Seemingly the only event standing in its way would be an early election. But while the Bill appears to have wide backing in Parliament, there are those vocally opposed to it and it has given rise to a more general debate about the regulation of third-party litigation funding, now to be considered by the Civil Justice Council (CJC) at the direction of the Lord Chancellor.

Unenforceable agreements

The Supreme Court decision in PACCAR and the interpretation given by the court to the maze of primary and secondary legislation led

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
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