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Funding in flux

24 May 2024 / David Greene
Issue: 8072 / Categories: Opinion , Litigation funding , International
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David Greene on the debate about the future of litigation funding at home & abroad

The Litigation Funding Agreements (Enforceability) Bill (LFA(E)B) is on a head-long flight through both Houses of Parliament, currently in committee stage in the House of Lords, where it was introduced. The terms of the Bill are short and sweet (subject to your view, as below), one section reversing with retrospective effect the decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, [2023] 4 All ER 675. Seemingly the only event standing in its way would be an early election. But while the Bill appears to have wide backing in Parliament, there are those vocally opposed to it and it has given rise to a more general debate about the regulation of third-party litigation funding, now to be considered by the Civil Justice Council (CJC) at the direction of the Lord Chancellor.

Unenforceable agreements

The Supreme Court decision in PACCAR and the interpretation given by the court

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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