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The insider: 29 March & 5 April 2024

29 March 2024 / Dominic Regan
Issue: 8065 / Categories: Opinion , Litigation funding , In Court
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Litigation funders rejoice as the Lords step in to solve their woes. Dominic Regan serves up the inside story on this, as well as some particularly thrilling judgments

Rejoice! On 19 March the Litigation Funding Agreements (Enforceability) Bill was introduced in the House of Lords (HL Bill 56). Litigation funders and those whom they backed had a fit of the vapours after the Supreme Court judgment last summer in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, [2023] 4 All ER 675. By a majority of four to one it decided that litigation funding agreements (LFAs) in which the fees of the funder were calculated by reference to a cut of the damages recovered were in law damages-based agreements (DBAs). The dissentient was Lady Rose, the one member of the court with first-hand experience of the Competition Appeal Tribunal (CAT), having chaired it from 2005 to 2013, and again from 2015 to 2019.

The best-known case funded in this manner was Bates and others v Post Office Ltd

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