Dispute resolution horizon scan, August 2023: litigation funding after PACCAR, CPR and fixed costs reforms, REUL Act changes, key cases, consultations and Bills to watch.

Published by a LexisNexis Dispute Resolution expert

Practice notes

ARCHIVED: This archived Horizon scanner reviews recent and forthcoming developments of note for Dispute Resolution (DR) practitioners as at 16 August 2023. It summarises updates since the 25 May 2023 issue of the Horizon scanner: Dispute Resolution—Horizon scanner—May 2023 [Archived].

Hot topic—Litigation funding after PACCAR

Michael Bundock, a barrister in the LexisNexis Dispute Resolution team, examines the Supreme Court’s decision in R (on the application of PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28. The long-awaited judgment of the Supreme Court in PACCAR was delivered on 26 July. In a conclusion that surprised much of the funding market, the court determined that a litigation funding agreement entitling the funder to a return calculated by reference to any damages recovered is a Damages-Based Agreement (DBA) within section 58AA of the Courts and Legal Services Act 1990 and the Damages-Based Agreements Regulations 2013, SI 2013/609. The effect of that conclusion is that any DBA which does not comply with the requirements of section 58AA and of the 2013 Regulations is unenforceable. The funding arrangements in PACCAR did not comply, so they were unenforceable. The ramifications of the decision extend far beyond the immediate consequences for the parties in the case itself...

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Web page updated on 21/05/2026

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