Litigation Notes

Government to legislate for enforceability of litigation funding agreements based on a share of damages

New Inside Arbitration podcast re Paccar (on third party funding), its potential reversal and the impact on international arbitration

Our international arbitration team have posted the second edition of their Inside Arbitration Podcast, which covers the latest news that the UK …

Commercial litigation podcast series – Episode 22: General update

Government proposes legislation to permit funder DBAs in opt-out competition class actions

Commercial litigation podcast series – Episode 21: General update

Litigation funding agreement may be enforceable in part despite Paccar decision: High Court finds there is "serious issue to be tried"

Commercial litigation podcast series – Episode 20: General update

Supreme Court decision today means most existing UK litigation funding agreements likely to be unenforceable

Court of Appeal confirms Damages-Based Agreements (DBAs) are not for defendants

The Court of Appeal has confirmed that Damages-Based Agreements (or DBAs) cannot be used by defendants as, under s.58AA of the Courts and Legal Services …

High Court confirms Damages-Based Agreements (DBAs) cannot be used by defendants

In a recent decision, the High Court has confirmed that a Damages-Based Agreement, or DBA, will not be enforceable if it purports to entitle the legal …

Commercial litigation podcast series – Episode 6: General update

Court of Appeal confirms regulations governing Damages-Based Agreements (DBAs) do not preclude terms providing for payment of time costs on termination, nor do they preclude hybrid arrangements

The Court of Appeal has confirmed that a Damages-Based Agreement, or DBA, can include a clause which entitles the legal representative to payment on a …