R (PACCAR Inc) v Competition Appeal Tribunal

Subject Matter

COMPETITION — Competition Appeal Tribunal — Appeal therefrom — Applicants applying for collective proceedings order — Tribunal ruling on preliminary issue relevant to applications — Whether appeal lying to Court of Appeal — Whether tribunal’s ruling constituting “decision … in collective proceedings … as to the award of damages” — Competition Act 1998 (c 41), s 49(1A)(a)

[2021] EWCA Civ 299; [2021] 1 WLR 3648; [2021] 4 All ER 737; [2022] 1 All ER (Comm) 51; [2021] WLR(D) 140, CA

LEGAL SERVICES — Litigation funding — Damages-based agreement — Third party agreeing to fund claimant’s litigation in return for share of damages recovered while playing no part in conduct of litigation — Whether constituting unenforceable “damages-based agreement” — Whether funder providing “claims management services” — Courts and Legal Services Act 1990 (c 41), s 58AA — Compensation Act 2006 (c 29), s 4

[2021] EWCA Civ 299; [2021] 1 WLR 3648; [2021] 4 All ER 737; [2022] 1 All ER (Comm) 51; [2021] WLR(D) 140, CA

[2023] UKSC 28; [2023] 1 WLR 2594; [2023] 4 All ER 675; [2023] 2 All ER (Comm) 999, SC(E)

Appellate History

Commentary

UK Supreme Court Blog
New Judgment: R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 Case comment

Out-Law
Supreme Court litigation funding ruling poses challenge for mass actions Case comment

4 New Square chambers
In seminal case on litigation funding, Supreme Court overturns established practice to hold that Litigation Funding Agreements are Damages-Based Agreements Case comment

Gatehouse Chambers
Where now for litigation funding? 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 Case comment