News & Analysis as of

United Kingdom Litigation Funding

A&O Shearman

Civil Justice Council calls for overhaul of English litigation funding and lawyer fees arrangements

A&O Shearman on

On June 2, 2025, the Civil Justice Council (“Council”)—a public body that reviews and makes recommendations to the UK Government about the English civil justice system—published its much-anticipated report on litigation...more

Mayer Brown

Arbitration Act 2025 | Part 3: What Did Not Change?

Mayer Brown on

The Arbitration Act 2025 (“2025 Act”) introduces some important changes to the arbitration framework in England, Wales, and Northern Ireland, while also incorporating other key improvements. In Part 1 and Part 2 of our Series...more

BCLP

Litigation Trends for 2025: What Will This Year Hold for Business and Commercial Disputes?

BCLP on

We explore the trends for Business and Commercial Disputes in the UK, US and France/EU in 2025. Here's what you should know...more

White & Case LLP

Justin Le Patourel v BT Group Plc: Failure for the UK’s first opt-out class action

White & Case LLP on

In its 19 December 2024 judgment, the Competition Appeal Tribunal (CAT) unanimously rejected Mr Le Patourel’s excessive pricing claim against BT. This was the UK’s first opt-out collective action to proceed to trial, and will...more

Hogan Lovells

UK reform of litigation funding – CJC issues Interim Report and opens consultation

Hogan Lovells on

The Civil Justice Council Interim Report gives first hint of potential reform in litigation funding. The funding industry has been contending with a state of flux since the July 2023 judgment of the Supreme Court in the...more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

BCLP on

The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

BCLP

The winding road ahead: navigating representative proceedings in the High Court

BCLP on

With the rise of litigation funding of group actions, there has been an increasing use of representative actions by Claimants in recent years. In turn, Defendants are challenging this and the Courts are scrutinising cases in...more

Latham & Watkins LLP

Navigating the Rise of UK Class Actions Implications for Private Equity

Latham & Watkins LLP on

As collective redress actions rise, sponsor and corporate statements are under high scrutiny, with an industry developing to take advantage....more

Hogan Lovells

UK Government’s snap general election stalls Bill intended to clarify litigation funding regulations

Hogan Lovells on

The UK’s snap general election has delayed indefinitely the progress of draft legislation which had been introduced with a view to restoring the pre-PACCAR status quo in which litigation funding agreements were distinct from...more

Dorsey & Whitney LLP

Ensuring Access to Justice: The Litigation Funding Agreements (Enforceability) Bill and the Path Forward Post-PACCAR

Dorsey & Whitney LLP on

Following the second reading of the Litigation Funding Agreements (Enforceability) Bill in the House of Lords on April 15th, there is a shared acknowledgment among the House of the significance of maintaining and protecting...more

Hogan Lovells

UK Government introduces Bill to reverse UK Supreme Court PACCAR ruling

Hogan Lovells on

The Bill is intended to restore the previous status quo in which litigation funding agreements were distinct from damages-based agreements and were not required to comply with additional special conditions....more

Cooley LLP

Litigation Funding Agreements: Developments Since PACCAR

Cooley LLP on

Litigation funding agreements have been very much in the spotlight since the decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others, in which the Supreme Court of the United...more

BCLP

Claim To Fame - Mass Litigation: what key trends should financial services firms be aware of in 2024?

BCLP on

As we have explored in our Class Actions series, the popularity of mass claims in the English courts continues to grow. Such claims represent a substantial threat to financial institutions but, at the same time, we are also...more

K&L Gates LLP

Litigation Funding: A New Era?

K&L Gates LLP on

The PACCAR Judgment - The Supreme Court of the United Kingdom’s (Supreme Court) ruling in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28...more

BCLP

After PACCAR: a New Approach to Funding Collective Proceedings in the CAT

BCLP on

In the first certification decision since the UK Supreme Court’s judgment in PACCAR, the CAT has held that a litigation funding agreement (LFA) revised in light of PACCAR was not a damages-based agreement (DBA) and it was...more

Cooley LLP

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

Cooley LLP on

In the first case to address the ramifications of the UK Supreme Court’s decision in R (on the application of PACCAR Inc and others) v. Competition Appeal Tribunal and others (see our July 2023 blog post on this case),[1] the...more

BCLP

Disputes in Focus: Quick Q&A on group claims

BCLP on

There are various ways in the English High Court to bring a claim, including as a group or representative action. Historically they have been underused but that is changing. Businesses are becoming increasingly interested in...more

Jones Day

The Rise of US-Style Class Actions in the UK and Europe

Jones Day on

Class actions have been a feature of the litigation landscape in the USA for decades. Claimant-friendly procedures combined with an aggressive and well-funded plaintiffs’ bar have created fertile ground for these large,...more

Faegre Drinker Biddle & Reath LLP

UK Supreme Court Ruling Sends Shockwaves into English Litigation Funding Regime

The UK Supreme Court (UKSC) recently ruled, by a majority of four-to-one, that litigation funding agreements (LFAs) — which entitle litigation funders to a payment based on the level of damages recovered in the case — are...more

BCLP

PACCAR: a new direction for the funding of class actions?

BCLP on

The Supreme Court’s decision in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 has caused a stir in the legal industry, leaving a number of...more

Morrison & Foerster LLP

Has the Gravy Train (or Truck) Been Derailed for Litigation Funders? UK Supreme Court Deals Blow to Litigation Funders

In the recent case of R (PACCAR Inc & ors.) v Competition Appeal Tribunal & ors [2023] UKSC 28, the UK Supreme Court found that litigation funding agreements (“LFAs”) involve the provision of “claim management services”,...more

White & Case LLP

Upheaval in the Litigation Funding Industry: UK Supreme Court Rules that many Litigation Funding Agreements are Unenforceable

White & Case LLP on

In a heavy blow to the litigation funding industry, the UK Supreme Court has held that many litigation funding agreements are damages-based agreements and must comply with the relevant regulatory regime. Funders will be...more

McDermott Will & Emery

Landmark UK Supreme Court Ruling Strikes a Blow to Litigation Funding

On 26 July 2023, the UK Supreme Court gave judgment in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others. By a majority of four to one, the Supreme Court held that litigation funding...more

A&O Shearman

UK Supreme Court Rules that Litigation Funding Agreements are ‘Damages-Based Agreements’

A&O Shearman on

In a decision of major importance for litigation in the UK, the UK Supreme Court has held that litigation funding agreements (“LFAs”) under which a litigation funder receives a percentage of any damages recovered by the...more

Orrick, Herrington & Sutcliffe LLP

Scanning the Class and Collective Action Horizon

While group litigation and collective actions have traditionally been more difficult to pursue in the UK than in the U.S., changes to UK civil procedure rules and societal attitudes towards group ligation means that these...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide