White v Uber London Ltd: A Challenge To Funded Litigation Privilege

Litigation funders would be forgiven for thinking that the headwinds created in the last few years were dissipating. The decision of the Supreme Court in PACCAR had clearly tested the industry, as had the failure of successive governments to follow through with promises to legislate to correct its impact, but reforms announced by the government in December 2025 suggest that a reversal is imminent, together with a lighter level of regulation for the industry than commentators had predicted.

However, it appears that the headwinds might not be completely over.

White v Uber London Ltd

In White v Uber London Ltd, the High Court held on 12 June 2026 that communications relating to litigation funding were not subject to litigation privilege (contrary to the view widely held by the market). As a result, litigants may be more cautious before approaching litigation funders for funding.