Litigation Developments: England And Wales – Quarterly Update

Welcome to our latest quarterly e-bulletin which contains updates on commercial litigation developments, largely by reference to articles posted to our Litigation Notes blog. Visit the blog to view and search our full set of posts on commercial litigation topics, or subscribe to be notified of the latest updates: https://hsfnotes.com/litigation/

In this quarter we have also released:

• a further episode of our regular Commercial Litigation Update podcast, which discusses some of the developments covered in this e-bulletin; and
• a further episode of our podcast series on Class Actions in England and Wales, this time examining employment class actions.

LITIGATION FUNDING

At the end of July, in a decision which took many by surprise, the Supreme Court held that third party litigation funding agreements which provide for the funder to be paid a share of any damages recovered by the claimant are “damages-based agreements” (or DBAs) and therefore unenforceable