UK Should Overturn PACCAR Decision, Says Court Advisory Panel

A group that advises the UK civil justice system released a report on Monday recommending the reversal of a controversial court decision that impacted litigation finance.

The Civil Justice Council wrote that the Supreme Court’s July 2023 decision in a class action involving truck manufacturer PACCAR should be reversed by legislation both retrospectively and prospectively. The original decision held that certain types of litigation funding agreements in which the funder’s recovery is a percentage of the damages secured in the underlying funded claim were unenforceable. Many litigation finance agreements are written in this fashion and it caused a stir as ...