Abstract
Litigation funding agreements have become almost indispensable tools in complex and costly civil litigation. This is so, whether the funding agreement enables a single or small set of parties to sue a single or small set of defendants, or the proceedings are collective involving the aggregation of a larger set of claimants seeking redress for loss caused by the defendant’s invasion of their legal rights. The Supreme Court’s decision in R. (Paccar Inc) v Competition Appeal Tribunal that the litigation funding agreement in that case was a damages-based agreement that did not comply with the conditions specified in s.58AA of the Courts and Legal Services Act 1990 and the Damages-Based Agreements Regulations 2013 represents a serious blow to the litigation funding industry. The case note below offers an explanation and critique of this decision, as well as a consideration of its potential implications.
Original language | English |
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Pages (from-to) | 16-27 |
Number of pages | 12 |
Journal | Civil Justice Quarterly |
Volume | 43 |
Issue number | 1 |
Publication status | Published - 16 Jan 2024 |