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29 March 2024 / Dominic Regan
Issue: 8065 / Categories: Opinion , Litigation funding , In Court
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The insider: 29 March & 5 April 2024

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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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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
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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