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?