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ARTICLE · 22 AUGUST 2024

Where Are They Now: Litigation Funding And Arbitration Updates

Shepherd and Wedderburn
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Recent developments in litigation and arbitration highlight ongoing uncertainty over Litigation Funding Agreements (LFAs) following the PACCAR decision, which invalidated many LFAs. Meanwhile, amendments to the Arbitration Act 1996 are moving forward, excluding international treaties from the new bill.

United KingdomLitigation, Mediation & Arbitration
Ben Pilbrow
Ben Pilbrow
Gabriella Gilmour
Gabriella Gilmour
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Due to the recent general election, there have been a number of changes to bills in progress in litigation funding and arbitration sectors.

There have been a number of recent, and perhaps telling, updates in the litigation and arbitration sectors. In the former, the continued uncertainty surrounding Litigation Funding Agreements (LFAs) in English law and in the latter, there have been amendments to carve international treaties out of the bill to amend the English Arbitration Act 1996.

LFAs

LFAs are intended to fund parties who could not otherwise afford typically expensive litigation fees, giving them the opportunity to take action. The Supreme Court's 2023 decision in PACCAR to categorise LFAs as Damages Based Agreements (DBAs) left the litigation funding sector shrouded in uncertainty.

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