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Written Question
Civil Proceedings: Legal Costs
Tuesday 30th January 2024

Asked by: Lord Gold (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what steps they intend to take, if any, to mitigate the impact of the Supreme Court's ruling in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28 on the legal finance sector in the UK.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

The Government is committed to mitigating the impacts of the UK Supreme Court judgment of PACCAR and returning to a pre-PACCAR regime for third party litigation funding at the first legislative opportunity. We are actively looking to find appropriate legislative vehicles.


Written Question
Civil Proceedings: Legal Costs
Wednesday 13th December 2023

Asked by: Lord Gold (Conservative - Life peer)

Question to the Ministry of Justice:

To ask His Majesty's Government what assessment they have made of the impact on access to third-party litigation funding of the Supreme Court’s judgment in R (on the application of PACCAR Inc and others) (Appellants) v Competition Appeal Tribunal and others (Respondents) [2023] UKSC 28.

Answered by Lord Bellamy - Parliamentary Under-Secretary (Ministry of Justice)

A Government amendment to the Digital Markets, Competition and Consumer Bill seeks to mitigate the impact of the judgment on litigation funding agreements for opt-out collective proceedings in the Competition Appeals Tribunal (CAT). The Bill is currently being considered by Parliament.

The Government is assessing the impact of the judgment and considering options for non-CAT proceedings.