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United Kingdom Litigation Funding UK Supreme Court

Cooley LLP

Civil Justice Council Proposes Significant Changes to UK Class Action Funding Regime

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On 2 June 2025, the Civil Justice Council, a statutory body charged with advising on reform of the civil justice system in England and Wales, published its final report to the UK government on third-party litigation funding...more

A&O Shearman

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

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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

BCLP

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

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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

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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

Hogan Lovells

UK Government introduces Bill to reverse UK Supreme Court PACCAR ruling

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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

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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

Cooley LLP

Commercial Court Leaves Room for Enforceability of Litigation Funding Agreements

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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

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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

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?

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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

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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 & Schulte

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’

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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

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

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