Litigation Funding Waterfalls Are Compliant Post-PACCAR (UK)

In a previous client alert on a recent Civil Justice Council ("CJC") report on litigation funding in England and Wales we discussed the issue of whether payment waterfalls providing funders with payment priority are compliant with the Damages-Based Agreements Regulations 2013 ("DBA Regulations"), the issue being a matter to be heard on appeal in June 2025. Funders will be pleased to hear that the answer is "yes". The Court of Appeal has held that the DBA Regulations focuses on whether a funding agreement determines the amount of a funder's fees by reference to the damages awarded to the successful litigant. The fact that a funder may receive its fees from the proceeds is not enough in itself for the arrangement to fall under the DBA Regulations.