The UK litigation funding industry has been left scrambling to renegotiate contracts in the wake of a Supreme Court judgment earlier this week (26 July) which ruled that many of the funding agreements used for group action competition cases are unenforceable.
The judgment, which relates to the high-profile cartel case brought against DAF and other truck-makers, ruled that litigation funding agreements (LFAs) allowing funders to recover a percentage of damages awarded constitute damage-based agreements (DBAs), which are not allowed in collective actions in the Competition Appeal Tribunal (CAT).
