The Collective Cast - Litigation Funding after PACCAR

Two years ago, the Supreme Court held in PACCAR that litigation funding agreements in which the funder’s return is calculated as a percentage of the damages obtained were damages-based agreements and therefore unenforceable.

Michael Zymler is joined by Lesley Hannah, Luke Streatfeild and Jonathan Amior to discuss developments in litigation funding following the PACCAR judgment, including:

• the Court of Appeal’s judgment in conjoint appeals from the Competition Appeal Tribunal concerning the enforceability of litigation funding agreements that had been amended following PACCAR; and

• the Civil Justice Council’s final report on litigation funding, and its recommendations for reforms. (*)

(*) The opinions expressed in this podcast are made in good faith and while every care has been taken in preparing the content, Hausfeld & Co LLP gives no warranties in respect of this podcast, including but not limited to the accuracy or completeness of information, facts and/or opinions contained therein. We recommend listeners to take specific legal advice when dealing with legal issues and transactions.