Government proposes legislation to permit funder DBAs in opt-out competition class actions

The government has tabled an amendment to the Digital Markets, Competition and Consumers Bill to allow the use of damages-based agreements (DBAs) with litigation funders in opt-out collective proceedings in the Competition Appeal Tribunal (CAT). DBAs with solicitors and barristers would still be prohibited for such actions. The amendment is a response to the high-profile decision in Paccar in … Read more

Litigation funding agreement may be enforceable in part despite PACCAR decision

In what appears to be the first decision to consider the implications of the Supreme Court’s judgment in PACCAR Inc v Road Haulage Association Ltd [2023] UKSC 28 (considered in our previous blog post), the High Court has held that there is a “serious issue to be tried” that the element of a litigation funding agreement which provides … Read more

Costs recovery when you win – guidance from recent cases

One of the key features of the commercial litigation landscape in England and Wales is that costs generally follow the event, creating a disincentive for claimants to commence unmeritorious claims given their exposure to the defendant’s legal costs if the claim ultimately fails. This is also true (indeed, potentially even more so) if, as is … Read more

Lloyds/HBOS Litigation: Consequentials Judgment

Mr Justice Norris has now handed down judgment following the consequentials hearing in the landmark Lloyds/HBOS Litigation: Sharp & Ors v Blank & Ors [2020] EWHC 1870 (Ch). Norris J resoundingly refused permission to appeal the judgment on liability and made a number of interesting findings on the adverse costs position of the claimants, and … Read more