Saturday 2 September 2023

Department for Business and Trade statement on PACCAR

 

Department for Business and Trade statement on PACCAR

The Department for Business and Trade issued statement in response to the Supreme Court's decision in R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28.

By a 4 to 1 majority, the Supreme Court held that litigation funding agreements (LFAs), where the funder plays no part in the conduct of the litigation but their remuneration is based on a percentage of any damages recovered, are damages-based agreements (DBAs).  As such they will be unenforceable unless they comply with the relevant regulatory regime for DBAs.

This situation has led many observers to speculate whether legislative change may be forthcoming as only this would seem to reverse the position.

The Department of Business and Trade has stated briefly that it "is aware of the Supreme Court decision in Paccar and is looking at all available options to bring clarity to all interested parties".  The statement is striking in its brevity.

2022/23 has been important for the development of collective private enforcement actions for breach of competition law.  Some funding agreements will need to be revised to reflect the Supreme Court’s recent ruling.  Navigating the future landscape will require a delicate balancing exercise between proportionality, fairness and reasonable cost.

 

https://www.gov.uk/government/news/department-for-business-and-trade-statement-on-recent-supreme-court-decision-on-litigation-funding

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