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17 April 2024
Issue: 8067 / Categories: Legal News , Litigation funding
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Lords debate litigation funding

A Bill to reverse PACCAR has reached the second reading stage in the House of Lords

The Litigation Funding Agreements (Enforceability) Bill responds to the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, which held some litigation funding agreements are technically damages-based agreements and therefore could be unenforceable.

Law Society president Nick Emmerson said the Bill could enable access to justice where it was otherwise unachievable, but that there was a ‘need to ensure that consumer interests are protected so that funding arrangements do not result in hollow victories for claimants’.

Emmerson highlighted that some provisions of the Bill would be applied retrospectively, for which the rule of law requires ‘a strong justification’. He said: ‘We look forward to the government outlining its reasoning as to why retrospectivity is appropriate in this instance.’

Issue: 8067 / Categories: Legal News , Litigation funding
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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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