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Regulatory Issues

Stay on top of regulatory updates taking place throughout various jurisdictions across the globe.

Regulatory Issues

316 Articles

Is the Supreme Court ruling in PACCAR really clashing with the Litigation Finance industry? An overview of the PACCAR decision and its potential effects

By John Freund |

The following is a contributed article from Ana Carolina Salomão, Micaela Ossio Maguiña and Sarah Voulaz of Pogust Goodhead

On 26 September 2023, a new case was filed in the High Court of England and Wales on behalf of a claimant who, despite having received damages from a successful lawsuit, refused to pay litigation funders for funding previously sought. Legal representatives of the Claimants in this case are seeking a declaration from the Court that the clients’ LFAs “fall under the PACCAR regime as non-compliant DBAs” and have added that in reaching its decision in R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28 (“PACCAR”), the Supreme Court has recognised “the importance of statutory protections for clients.” Is this the case?

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Landmark New York Court’s Decision Strengthens the Future of Litigation Funding

By John Freund |

The following piece was contributed by Guido Demarco, Director and Head of Legal Assets at Stonward.

In a groundbreaking legal battle that pitted Petersen Energía SAU and Petersen Energía Inversora SAU[1] (the Petersen Companies) against the Republic of Argentina, the recent decision by the District Court of Southern District of New York has far-reaching implications for the litigation funding industry. This landmark ruling reaffirms the critical role litigation funders play in providing access to justice, particularly in complex cases involving powerful sovereign entities.

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