Research Briefing
Litigation Funding Agreements (Enforceability) Bill [HL]: HL Bill 56 of 2023–24
This proposed law would clarify that litigation funding agreements (LFAs) do not constitute damages-based agreements (DBAs). The effect of this would be to give statutory confirmation that LFAs do not need to comply with the statutory and regulatory regime for DBAs to be enforceable. This would address recent concerns that many LFAs were unenforceable as a result of the UK Supreme Court’s ruling in R (PACCAR Inc) v Competition Appeal Tribunal [2023] UKSC 28.