Could the Supreme Court’s ruling on litigation funding agreements cause havoc for litigation funders?

Background to the Appeal R (PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 considers the statutory interpretation of a “damages-based agreement” (“DBA”) and whether litigation funding agreements (“LFA”) are DBAs. LFAs are entered between a third-party litigation funder and a litigant with the purpose to finance litigation on a contingency…