Litigation Funding Agreements (Enforceability) Bill 2024

The previous conservative government acted with all haste to introduce The Litigation Funding Agreements (Enforceability) Bill, to reverse the cataclysmic effects of the Supreme Court judgment in R (PACCAR) v Competition Appeal Tribunal [2023] UKSC 28 (PACCAR) which held that litigation funding agreements (LFAs) that remunerate the litigation funder by reference to a proportion of the damages recovered, amount to a damages-based agreement (DBA). This means that since most of not all LFA's do not satisfy the strict requirements for a DBA, these LFAs will be unenforceable.  The new legislation is at Committee stage, but with a snap election and a change in government, what does this mean for this new and urgently needed Bill.  A full update by MBL regular Richard Allen, will provide the latest on this far-reaching subject.