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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

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
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