Facebook £3bn legal action given go-ahead in London – BBC News
‘A judge has given the go-ahead to a mass legal action against Facebook owner Meta, potentially worth £3bn.’
BBC News, 15th February 2024
Source: www.bbc.co.uk
Category: third parties
Premier League may face legal action from club over third-party rules – The Guardian
‘The Premier League may face a new legal challenge from one of its own clubs after approving new rules that would limit the ability of teams to buy players or strike sponsorship deals with parties related to their ownership.’
The Guardian, 9th February 2024
Source: www.theguardian.com
Legal action launched against ‘rip-off’ secret commissions on UK firms’ energy bills – The Guardian
‘Businesses across the UK have been forced to pay an extra 10% on average for their gas and electricity because suppliers routinely add third-party broker commissions to their bills, according to a leading litigation law firm.’
The Guardian, 31st January 2024
Source: www.theguardian.com
Government offers hope of full PACCAR solution in the future – Legal Futures
‘The government has acknowledged concerns that its legislative proposal to address the Supreme Court’s PACCAR ruling does not go far enough – but further change is not imminent.’
Legal Futures, 15th December 2023
Source: www.legalfutures.co.uk
Financial Remedies: Proprietary Estoppel & Interveners – Article by Matthew Smith – Park Square Barristers
‘The recent case of Teasdale v Carter & Teasdale [2023] EWHC 490 (Fam) provides a helpful reminder of the principles to be applied in a financial remedies hearing when a third party is joined in order for them to argue an interest in the family pot.’
Park Square Barristers, 26th September 2023
Source: www.parksquarebarristers.co.uk
Supreme Court litigation funding ruling poses challenge for mass actions – OUT-LAW.com
‘A landmark UK Supreme Court ruling on third-party litigation funding rules poses challenges for existing and future collective proceedings, according to two legal experts.’
OUT-LAW.com, 28th July 2023
Source: www.pinsentmasons.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.’
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.’
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.’
UKSC Blog, 26th July 2023
Source: ukscblog.com
Third Party Costs Orders and Experts: Order Restored – QMLR
‘Sweeting J in the High Court allowed a medico-legal expert’s appeal against a Third Party Costs Order (“TPCO”) made against him. The TPCO had awarded the Defendant NHS Trust the full sum of the costs incurred by it in the defence of the action brought by the Claimant.’
QMLR, 18th July 2023
Source: 1corqmlr.com
What’s in a name? “A lot”, the press would answer – 4 New Square
‘There has been a spate of recent cases where professionals involved as respondents in disciplinary proceedings have sought anonymity orders in their favour. Helen Evans KC and Richard O’Brien explore whether a divide is emerging between the approach adopted by courts compared with tribunals. They also look some of the practical pitfalls of anonymity orders protecting respondents, as well as considering the position of witnesses and other third parties.’
4 New Square, July 2023
Source: www.4newsquare.com
4 New Square Chambers Insurance Law Review – Spring 2023 – 4 New Square
‘In our spring 2023 insurance law review we look at cases across a range of areas with no standout theme. We review cases ranging from Covid 19 business interruption claims to recovery of professional fees; from reservation of rights to subrogation; from insurable interest to damages for late payment. We look at cases on the Third Parties (Rights Against Insurers) Acts 1930 and 2010, aggregation and exclusion clauses. And we note the continuing lack of significant case law on presentation of risk under the Consumer Insurance (Disclosure and Representations) Act 2012 and the Insurance Act 2015.’
4 New Square, 28th March 2023
Source: www.4newsquare.com
Belsner faces £130k costs payment but Checkmylegalfees “has a future” – Legal Futures
‘The Court of Appeal has signalled the possibility of a non-party costs order in the Belsner case after ordering the claimant to make an interim costs payment of £130,000.’
Legal Futures, 16th November 2022
Source: www.legalfutures.co.uk
New duties to be imposed on UK employers to prevent sexual harassment – OUT-LAW.com
‘The UK government is supporting a private member’s bill to bring back employers’ liability for harassment of employees by third parties at work, as well as introduce a new duty to prevent workplace sexual harassment.’
OUT-LAW.com, 3rd November 2022
Source: www.pinsentmasons.com
Ventures Food Limited v Little Dessert Shop Ltd [2022] EWHC 2437 – Hailsham Chambers
‘In this case HHJ Richard Williams (sitting as a High Court Judge) held that significant litigation misconduct by third parties (who had been controlling the litigation conduct of a named party to proceedings) was sufficient to make an order for non-party costs against them.’
Hailsham Chambers, 7th October 2022
Source: www.hailshamchambers.com
Benefit claimant wins High Court challenge over DWP policy approach to “Third Party Deductions” – Local Government Lawyer
‘The High Court has declared unlawful the Department for Work & Pensions’ written guidance for officials on ‘third party deductions’.’
Local Government Lawyer, 29th September 2022
Source: www.localgovernmentlawyer.co.uk
Disclosure: a guide to seeking Norwich Pharmacal orders – OUT-LAW.com
‘A Norwich Pharmacal Order (NPO) is a disclosure order available in England and Wales which allows information to be obtained from third parties who have become ‘mixed up’ in wrongdoing, helping victims to investigate, pursue those ultimately responsible and recover their losses.’
OUT-LAW.com, 25th August 2022
Source: www.pinsentmasons.com
Court of Appeal warns of “perverse incentives” from litigation funding – Legal Futures
‘The Court of Appeal yesterday highlighted the importance of judicial control over costs to ensure that the involvement of third-party litigation funders does not create perverse incentives.’
Legal Futures, 29th July 2022
Source: www.legalfutures.co.uk
