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23 February 2024 / Joseph Evans , Simon Heatley
Issue: 8060 / Categories: Features , Litigation funding , Procedure & practice
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Post-PACCAR: truckloads of litigation-funding developments

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160022
Joseph Evans & Simon Heatley talk PACCAR, PlayStation & the Post Office—and what’s further down the road for litigation funding
  • Considers recent litigation funding cases in the context of the PACCAR decision, and predicts what’s next for the industry.

Since the Supreme Court gave judgment in R (on the application of PACCAR Inc and others v Competition Appeal Tribunal and others [2023] UKSC 28 in July 2023, there has been much debate on the impact of the decision. Now the dust has started to settle, we are beginning to see judicial challenges arising under PACCAR, with litigants seeking to establish that existing litigation funding agreements (LFAs) fall within the ambit of PACCAR as non-compliant damages-based agreements (DBAs) with mixed success. At the same time, with the Post Office Horizon IT inquiry highlighting the key role litigation funding can play in providing access to justice, the government has stated that it intends to reverse the ‘damaging effects of PACCAR at the first legislative opportunity’.

Litigation funders believe

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NLJ this week: Old rules, fresh warnings in employment law
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
NLJ this week: The rise of the ‘ChatGPT client’ rattles the profession
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
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A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
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