Litigation funding: Supreme Court case sparks uncertainty for claimants and funders

Edward Irwin and Cécile Nicod of Peters & Peters describe the manifold consequences of the Supreme Court’s decision in PACCAR, including issues that may arise where claimants seek to recover legal costs that were advanced pursuant to an unenforceable agreement, and potential disputes among funders and their clients around payment terms, which may result in significant losses for funders.