header-logo header-logo

23 February 2024
Issue: 8060 / Categories: Legal News , Litigation funding , Costs , Profession
printer mail-detail

NLJ this week: Litigation funding case law post-PACCAR

160022

The seismic PACCAR judgment gave rise to considerable debate, not least its potential to stifle funding for important litigation such as the Post Office Horizon case

In fact, the government has since indicated it will bring in legislation to reverse PACCAR’s effect. In this week’s NLJ, Joseph Evans, senior associate, and Simon Heatley, knowledge lead, at Charles Russell Speechlys, look at recent litigation funding cases decided in the wake of PACCAR and consider what may happen next.

The case, which arose from a truck manufacturing dispute, was financed by a litigation funding agreement held by the Supreme Court to be a non-compliant damages-based agreement and therefore unenforceable. The decision looked likely to stifle a wide range of cases brought on the basis of litigation funded agreements.

Evans and Heatley take a close look at the decision and its practical implications. They identify limitations and potential gaps in the decision, which may allow litigation funders a way through.

The authors write: ‘Now the dust has started to settle, we are beginning to see judicial challenges arising under PACCAR, with litigants seeking to establish that existing litigation funding agreements fall within the ambit of PACCAR as non-compliant damages-based agreements with mixed success.’

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll