Alistair Croft on why PACCAR may not have much impact on UK insolvency funding agreements
- Alistair Croft
- Senior Investment Manager, Senior Legal Counsel - England
Alistair Croft, senior investment manager and legal counsel at Omni Bridgeway, recently shared insight with Global Restructuring Review about the UK Supreme Court decision in PACCAR v Competition Appeal Tribunal (“PACCAR”), where the Court found that the LFAs in question in that case did not comply with the damages-based agreements (“DBAs”) regulations. While the Supreme Court recognised its ruling would likely render some third-party LFAs unenforceable, both funders and insolvency lawyers weighed-in on the impact of this decision, including the possible unintended consequences.