Legal focus: Insurers face an uncertain time over third-party litigation funding

Kavan Bakhda and Sorcha Whyte of Kennedys consider the impact of PACCAR from an ATE insurer’s perspective, warning ATE insurers to brace themselves for a period of uncertainty, disputes and potential haircuts, as ongoing actions could be discontinued, funders could refuse to pay contingent premiums and the uncertainty surrounding LFAs could diminish appetite for group litigation more generally.

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