Dr Can Ekan
REGULAR COLUMNIST
Dr Can Eken is an Assistant Professor at Durham Law School, Durham University, where he also serves as Co-Director of the Durham International Dispute Resolution Institute (DIDRI). He is a qualified lawyer, admitted to practice as an attorney in California and Türkiye, and as a solicitor in England and Wales.
Dr Eken’s research and teaching centre on international dispute resolution, with a particular focus on international commercial and investment arbitration. He is also a Fellow of Advance HE (FHEA) in the United Kingdom, a Fellow of the Chartered Institute of Arbitrators (FCIArb), and an accredited civil and commercial mediator.
Revisiting Third-Party Funding after PACCAR: Insights from the Civil Justice Council’s Report
The PACCAR decision has had a profound impact on the third-party funding market. The Supreme Court held that many third-party funding agreements could, in practice, be rendered unenforceable. Moreover, the judgment did not operate prospectively. It contained no “from now on” limitation, meaning that its effect could extend retrospectively to funding agreements concluded both before and after the PACCAR ruling. This post examines the key aspects of the PACCAR case and considers how the Civil Justice Council’s (CJC’s) subsequent report has addressed the resulting issues.
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