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New Government Bill to Reverse Supreme Court’s Decision on Litigation Funding

The Litigation Funding Agreements (Enforceability) Bill was introduced to Parliament this week, following the UK government’s announcement earlier this month that it would introduce legislation that would reverse the outcome of the UK Supreme Court’s recent decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others.[1]

In PACCAR, a part of the well-known “Trucks” litigation in the Competition Appeal Tribunal (CAT), the Supreme Court held that litigation funding agreements (LFAs) that entitle funders to be paid a portion of any damages recovered (as opposed to a multiple of the investment made by the litigation funder) are “damages-based agreements” (DBAs), as defined in the Courts and Legal Services Act, and were therefore unenforceable unless they complied with the relevant regulatory regime (DBA Regulations 2013).

The ruling in PACCAR was set to have significant ramifications for litigation funders, claimants and claimant law firms in the UK which rely on third-party funding, potentially threatening the financial viability of swathes of the litigation funding industry. Typically, LFAs have been structured as the greater of a multiple of monies invested by the funder and a percentage of damages recovered. This percentage element is

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New Whistleblowing Rules in Italy

On March 15, 2023, Legislative Decree No 24 of March 20, 2023, transposing EU Directive 2019/1937, was published in the Italian Official Journal. The new law entered into force on March 20, 2023, and must be implemented. The new rules came into effect on:

  • July 15, 2023, in the case of all public entities, and private entities with an average of 250 or more employees
  • December 17, 2023, in the case of private entities with an average of 50 or more employees.

The new rules include within the notion of whistleblower not only employees, but also self-employed workers, freelancers and consultants, volunteers and trainees, shareholders and persons with administrative, management, control and supervisory or representative functions, and former employees.

A whistleblower is protected against retaliation, even indirect retaliation including dismissal, suspension, downgrading or non-promotion, demotion, negative references, intimidation or harassment, reputational damage, etc. and benefits from supportive measures such as information, assistance and advice free of charge on how to report and on protection from retaliation.

The Decree extends the obligation to implement reporting channels, adopt procedures for making reports, and ensure safeguards applies to all private entities that:

  • in the last year (ending for the first

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