Litigation Funding Implications following PACCAR Inc

Introduction

The Supreme Court’s decision R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023], where the majority decided that a litigation funding agreement is a damages based agreement has widespread and potentially huge implications for the litigation funding industry, commercial litigation and especially claims in the Competition Appeal Tribunal.

This webinar will examine the facts of this case, the reasoning of the decision and the potential implications for existing and future funded cases.

What You Will Learn

This webinar will cover the following:

• How LFA’s were previously viewed, especially in the Jackson reforms and why this decision is at odds with the draft Damages Based Agreements Regulations 2019, which the government failed to introduce
• The analysis and decision by the majority and examining the lengthy dissenting decision given by Lady Rose
• How the calculation of the funder’s reward in the LFA is critical
• Is this decision retrospective and what should you do about existing LFAs in cases yet to be resolved?
• How to approach the drafting of LFAs in the future to avoid serious issues
• Will this decision change a funder’s approach and appetite to support litigation?
• Is a change in legislation likely and would this cure or hasten the issues?

This webinar was recorded on 19th October 2023