Partner Mark Fletcher has authored an article in the Solicitor’s Journal that explores the impact of a recent Supreme Court decision on firms considering investment decisions under alternative funding arrangements.
R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) (PACCAR) centred on whether litigation funding agreements (LFAs) fell within the regulatory scheme for damages-based agreements (DBAs), with this regulatory scheme providing that DBAs will be unenforceable unless they comply with certain conditions.
PACCAR shows the challenges and risks in building innovative business models for litigation… unless a client has both sufficient resources and an appetite to fully fund a claim, the provision of some form of credit in relation to the services provided will be needed."
The full article is available to read via an online PDF by the Solicitor’s Journal.
Mark Fletcher is in the dispute resolution team, advising individuals, charities and businesses on a wide range of disputes including on legal issues that arise on property development, construction and service delivery projects.
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