‘The Court of Appeal has opened the door to billions of pounds worth of claims for mis-sold motor finance after finding dealers in breach of their fiduciary duty to customers.’
Legal Futures, 28th October 2024
Source: www.legalfutures.co.uk
‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’
Law Society's Gazette, 22nd July 2024
Source: www.lawgazette.co.uk
‘Claimants in professional negligence cases may wish to join forces under a single Claim Form to limit initial court fees and spread the risks and costs of the litigation between themselves.’
Gatehouse Chambers, 23rd April 2024
Source: gatehouselaw.co.uk
‘The Ministry of Justice is being threatened with judicial review over the draft legislation that aims to reverse the impact of the Supreme Court’s PACCAR ruling.’
Legal Futures, 19th April 2024
Source: www.legalfutures.co.uk
‘The Court of Appeal is set to rule on whether a litigation funding agreement (LFA) that was amended to take account of the Supreme Court ruling in PACCAR is valid.’
Legal Futures, 23rd January 2024
Source: www.legalfutures.co.uk
‘The likely impact of the Supreme Court’s decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.’
Gatehouse Chambers, 26th July 2023
Source: gatehouselaw.co.uk
‘A flight delay claims firm should have made clear that clients would not receive the full amount of compensation promised, advertising watchdogs have ruled.’
Law Society's Gazette, 30th August 2023
Source: www.lawgazette.co.uk
‘The Supreme Court’s decision in Paccar Inc and Ors v Road Haulage Association Limited and UK Claims Limited [2023] UKSC 28, handed down on 26 July 2023, has overturned the Divisional Court’s decision, and gone against conventional wisdom in the industry, to hold that Litigation Funding Agreements (“LFAs”) are (or at least can be) Damages-Based Agreements (“DBAs”).’
4 New Square, 26th July 2023
Source: www.4newsquare.com
‘Litigation funders will have to redraft the terms of their agreements following a widely awaited ruling by the Supreme Court this morning. In PACCAR Inc & Ors v Competition Appeal Tribunal & Ors, four out of five justices ruled that such agreements fall within the statutory definition of damages-based agreements (DBAs). As they had been entered in to without satisfying conditions for DBAs, they were therefore unenforceable.’
Law Society's Gazette, 26th July 2023
Source: www.lawgazette.co.uk
‘Agreements with third-party litigation funders are damages-based agreements (DBAs), the Supreme Court said today in a ruling likely to invalidate almost all existing arrangements.’
Legal Futures, 26th July 2023
Source: www.legalfutures.co.uk
‘This appeal concerns a matter of statutory interpretation in the context of litigation funding. Litigation funding involves the agreement of a third party (with no prior connection to the litigation) to finance all or part of the legal costs of certain litigation, in return for a percentage of any damages recovered should the funded litigant be successful. In particular, this appeal concerns whether each of the agreements to provide this funding, known as litigation funding agreements (“LFAs”), constitute a “damages-based agreement” (“DBA”), a term given a specific definition by statute. In order to be lawful and enforceable a DBA has to satisfy certain conditions. The LFAs have been entered into without satisfying those conditions, so the question whether they constitute DBAs is critical for their enforceability.’
UKSC Blog, 26th July 2023
Source: ukscblog.com
‘A claim against a law firm thrown out for being served too late can now proceed after the Court of Appeal held that the claim form was sealed with the wrong date.’
Legal Futures, 7th June 2023
Source: www.legalfutures.co.uk
‘Beware the pitfalls of bringing a claim at the last possible opportunity, and the prohibition against pleading new causes of action in the Reply to Defence … Martlett Homes Limited v. Mulalley & Co. Limited [2021] EWHC 296 (TCC).’
Mills & Reeve, 8th June 2021
Source: www.mills-reeve.com
‘There was nothing in the CPR that could make good a mistake by a trainee solicitor in not serving a claim form in time, even though it was down to the disruption of Covid, the High Court has ruled.’
Litigation Futures, 21st April 2021
Source: www.litigationfutures.com
‘A fraudster who faked a road traffic accident and invented a fictitious accident management company to facilitate a whiplash claim has been handed a suspended prison sentence.’
Litigation Futures, 24th February 2021
Source: www.litigationfutures.com
‘AHigh Court judge has described as ‘utterly bizarre’ that a claim form was issued in a land ownership case on behalf of a claimant who had died almost 18 months previously.’
Law Society's Gazette, 23rd February 2021
Source: www.lawgazette.co.uk
‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’
Litigation Futures, 10th February 2021
Source: www.litigationfutures.com
‘A High Court judge has penalised litigants who served an unsealed amended claim form within the approved deadline, stating that this ultimately did not constitute good service.’
Law Society's Gazette, 17th December 2020
Source: www.lawgazette.co.uk
‘NHS Resolution, the Society of Clinical Injury Lawyers (SCIL) and patient safety charity Action against Medical Accidents (AvMA) have signed up to a new protocol to better manage claims during Covid-19.’
Litigation Futures, 14th August 2020
Source: www.litigationfutures.com
‘Personal injury firms should temporarily agree to accept service by email and freeze limitation periods, according to guidance issued to claimant and defendant lawyers today on the conduct of claims during the Covid-19 crisis.’
Litigation Futures, 1st April 2020
Source: www.litigationfutures.com
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