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Analysing the impact of the PACCAR Supreme Court judgment on litigation funding and collective claims in the UK (R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others)

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Published on: 08 August 2023

Published by a LexisNexis Dispute Resolution expert

Table of contents

Challenges to collective claims and consumer protection
Exploring solutions and future outlook

Article summary

Dispute Resolution analysis: The Supreme Court recently decided in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others) that litigation funding agreements which entitle the funder to recover a percentage of damages are damages-based agreements (DBAs). DBAs cannot be used in Competition Appeal Tribunal (CAT) collective actions where litigation funding is essential due to the cost. Clare Ducksbury, CEO, and Natasha Day, PR and communications executive at Case Pilots examine the implications of the PACCAR decision for collective claims in the UK.

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