Where now for litigation funding? The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – Gatehouse Chambers

‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’

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Gatehouse Chambers, 26th July 2023

Source: gatehouselaw.co.uk

Firm’s tweet should have mentioned fee deduction, watchdog rules – Law Society’s Gazette

Posted August 31st, 2023 in advertising, airlines, claims management, compensation, delay, fees, news by tracey

‘A flight delay claims firm should have made clear that clients would not receive the full amount of compensation promised, advertising watchdogs have ruled.’

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Law Society's Gazette, 30th August 2023

Source: www.lawgazette.co.uk

In seminal case on litigation funding, Supreme Court overturns established practice to hold that Litigation Funding Agreements are Damages-Based Agreements – 4 New Square

Posted August 30th, 2023 in appeals, chambers articles, claims management, damages, news, Supreme Court by sally

‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’

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4 New Square, 26th July 2023

Source: www.4newsquare.com

‘Shockwaves’ as Supreme Court rules litigation funding deals unenforceable – Law Society’s Gazette

‘Litigation funders will have to redraft the terms of their agreements following a widely awaited ruling by the Supreme Court this morning. In PACCAR Inc & Ors v Competition Appeal Tribunal & Ors, four out of five justices ruled that such agreements fall within the statutory definition of damages-based agreements (DBAs). As they had been entered in to without satisfying conditions for DBAs, they were therefore unenforceable.’

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Law Society's Gazette, 26th July 2023

Source: www.lawgazette.co.uk

Litigation funding agreements are DBAs, Supreme Court rules – Legal Futures

‘Agreements with third-party litigation funders are damages-based agreements (DBAs), the Supreme Court said today in a ruling likely to invalidate almost all existing arrangements.’

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Legal Futures, 26th July 2023

Source: www.legalfutures.co.uk

New Judgment: R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 – UKSC Blog

‘This appeal concerns a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful. In particular, this appeal concerns whether each of the agreements to provide this funding, known as litigation funding agreements (“LFAs”), constitute a “damages-based agreement” (“DBA”), a term given a specific definition by statute. In order to be lawful and enforceable a DBA has to satisfy certain conditions. The LFAs have been entered into without satisfying those conditions, so the question whether they constitute DBAs is critical for their enforceability.’

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UKSC Blog, 26th July 2023

Source: ukscblog.com

Claim against law firm lost by court can proceed, appeal judges rule – Legal Futures

Posted June 7th, 2023 in appeals, claims management, fees, judgments, law firms, news by sally

‘A claim against a law firm thrown out for being served too late can now proceed after the Court of Appeal held that the claim form was sealed with the wrong date.’

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Legal Futures, 7th June 2023

Source: www.legalfutures.co.uk

Fully cladding your Particulars of Claim is key – Mills & Reeve

‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’

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Mills & Reeve, 8th June 2021

Source: www.mills-reeve.com

Trainee’s lockdown-induced error leads to claim’s failure – Litigation Futures

Posted April 21st, 2021 in civil procedure rules, claims management, news, service, solicitors, time limits by tracey

‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’

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Litigation Futures, 21st April 2021

Source: www.litigationfutures.com

Suspended sentence for fraudster who created bogus claims company – Litigation Futures

Posted February 25th, 2021 in accidents, claims management, fraud, news, road traffic, sentencing, suspended sentences by sally

‘A fraudster who faked a road traffic accident and invented a fictitious accident management company to facilitate a whiplash claim has been handed a suspended prison sentence.’

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Litigation Futures, 24th February 2021

Source: www.litigationfutures.com

‘Extraordinary’: court hears how claimant won case two years after his death – Law Society’s Gazette

‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’

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Law Society's Gazette, 23rd February 2021

Source: www.lawgazette.co.uk

The £55 court fee that should have been £10,000 – Litigation Futures

‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’

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Litigation Futures, 10th February 2021

Source: www.litigationfutures.com

Unsealed claim forms not good service, High Court rules – Law Society’s Gazette

Posted December 18th, 2020 in banking, claims management, competition, documents, news, service, time limits by sally

‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’

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Law Society's Gazette, 17th December 2020

Source: www.lawgazette.co.uk

NHS, solicitors and patients group agree Covid-19 claims protocol – Litigation Futures

‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’

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Litigation Futures, 14th August 2020

Source: www.litigationfutures.com

APIL and FOIL issue guidance on Covid-19 co-operation – Litigation Futures

Posted April 2nd, 2020 in budgets, claims management, coronavirus, costs, electronic mail, law firms, news by sally

‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’

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Litigation Futures, 1st April 2020

Source: www.litigationfutures.com

FCA New Approach to Claims Management Regulation – St Pauls Chambers

‘In April 2019, the FCA (Financial Conduct Authority) became the new regulator of Claims Management businesses (CMCs). At the same time, the Financial Ombudsman Service became responsible for resolving customer disputes about CMSs. In June 2018, the FCA issued a consultation paper (CP 18/15) which proposed a new Claims Management: Conduct of Business Sourcebook [CMCOB] and to apply relevant parts of the existing FCA Handbook.’

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St Pauls Chambers, 28th November 2019

Source: www.stpaulschambers.com

Third party funding agreements are not DBAs – Hardwicke Chambers

‘The Competition Appeal Tribunal (“CAT”) has today (28 October 2019) handed down its decision in the Trucks Cartel claims dealing with the funding of the claims.’

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Hardwicke Chambers, 28th October 2019

Source: hardwicke.co.uk

High Court backs former Claims Direct boss over £21m claim – Legal Futures

Posted September 4th, 2019 in breach of trust, claims management, fiduciary duty, fraud, news by sally

‘Colin Poole, the former chief executive of Claims Direct and a struck-off solicitor, has won a High Court battle with shareholders over an alleged £21m debt.’

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Legal Futrues, 4th September 2019

Source: www.legalfutures.co.uk

Regulator considers cap on fees charged by personal injury CMCs – Legal Futures

Posted June 25th, 2019 in claims management, fees, financial regulation, news, personal injuries by sally

‘The Financial Conduct Authority (FCA) is to explore whether to use its power to cap the fees charged by personal injury claims management companies (CMCs), it has emerged.’

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Legal Futures, 24th June 2019

Source: www.legalfutures.co.uk

Pension code of practice updated as industry cracks down on scammers – OUT-LAW.com

Posted June 12th, 2019 in claims management, codes of practice, complaints, fraud, news, ombudsmen, pensions by tracey

‘The updated Pensions Scam Industry Group (PSIG) code of practice (107 page / 2.6MB PDF) includes a number of changes, such as guidance designed to help trustees and providers deal with claims management companies and updates on how to notify the UK’s fraud reporting centre Action Fraud of scams.’

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OUT-LAW.com, 10th June 2019

Source: www.out-law.com