A spanner in the works for litigation funding

In the aftermath of the UK Supreme Court’s PACCAR judgement, Ashurst’s Matt Pentecost and Anna Morfey explain what this means for litigation funding. In this, the first episode of our specialty finance mini-series, we shed light on litigation funding as an asset class and the challenges presented by the UK Supreme Court’s PACCAR judgement. Ashurst’s Matt Pentecost and Anna Morfey explain the details and significance of the PACCAR case, including the difference between opt-out and opt-in class actions and the broader application of the Competition Appeal Tribunal regime beyond traditional competition claims. The duo discuss the market’s response, with some agreements being redrafted to make the damages-based elements severable. They reflect on anticipated legislative changes and how the current uncertainty could impact structured finance transactions. This episode is a precursor to the DealCatalyst Specialist Lending Conference in London on 16 November, which will delve into specialist finance, including litigation funding. To follow Ashurst’s continuing specialty finance podcast mini-series, subscribe to Ashurst Legal Outlook on Apple Podcasts, Spotify or wherever you get your podcasts. The information provided is not intended to be a comprehensive review of all developments in the law and practice, or to cover all aspects of those referred to. Listeners should take legal advice before applying it to specific issues or transactions.See omnystudio.com/listener for privacy information.

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