Now that the summer holidays are over, it is time to address current causes of concern for the civil litigator. What should one worry about? Where would you like to begin?
CAT calling
The Supreme Court judgment in R (on the application of PACCAR Inc and others ) v Competition Appeal Tribunal and others [2023] UKSC 28 decided that a litigation funding agreement was unlawful. By a majority of four to one (Lady Rose dissenting in exquisite detail), the court found that the funding arrangement was a damages-based agreement (DBA). Section 47C (8) of the Competition Act 1998 states that a DBA ‘is unenforceable if it relates to opt-out collective proceedings’, which these truck cartel claims were. I am indebted yet again to PJ Kirby KC who, despite being on holiday, gave me the benefit of his wisdom. The problem is that all Competition Appeal Tribunal (CAT) opt-out claims have been funded in this manner. As a matter
