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08 September 2023 / Dominic Regan
Issue: 8039 / Categories: Opinion , Costs , Litigation funding , Profession
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The insider: 8 September 2023

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Landed back to an overwhelming in-tray & a deep sense of autumnal angst? Dominic Regan sets out where best to begin

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

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MOVERS & SHAKERS

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Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

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IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

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Banking and restructuring team bolstered by insolvency specialist

NEWS
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NLJ this week: Surrogacy children caught in succession gap
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’
NLJ this week: Online safety law at a crossroads
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
NLJ this week: Do Mandelson and Mountbatten-Windsor meet the misconduct bar?
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
NLJ this week: Supreme Court unlocks ‘lost years’ windfall for injured children
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
NLJ this week: Finality trumps freedom in arbitration showdown
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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