Who? James Cockburn, a senior associate (solicitor advocate) at Harcus Parker, London.
Why is he in the news? The firm, working in coalition with Hausfeld, Milberg and Charles Lyndon, acted for class representatives in the Court of Appeal, which ruled that litigation funding agreements amended in light of the Supreme Court’s ruling in PACCAR are legally enforceable.
Thoughts on the case: ‘This is a very important decision and a strong indication that courts are keen to support the litigation funding industry, particularly in consumer rights claims, but also more widely. The key takeaway is that funding agreements where the funder’s return is calculated on the multiple basis do not qualify as damages-based agreements (DBAs). This means that all ongoing funded claims in the Competition Appeal Tribunal (CAT) can proceed safely. If our clients had lost this appeal the consequences would have been disastrous for the CAT as a regime and for funded cases in general. It would also have had an unintended impact on conditional fee agreements, which would have been forced to comply with the DBA regulations. It was great to have worked so closely beside three other fantastic law firms to avert the widespread disruption to claimants which the appellants sought in this case.’
Dealing with the media: ‘A case as important as this understandably attracts media attention. The arguments are all very technical to the uninitiated, but the implications reach far and wide in our society and legal system (including affecting access to justice). I am pleased to have the opportunity to publicise this decision, particularly given that our clients’ claims will potentially benefit hundreds of thousands of businesses across the country.’
Why become a lawyer? ‘I love dealing with complex problems and the art of communication and persuasion. A litigator has to be both flexible and determined, which is always an interesting and involving balance to strike.’
Career high: ‘The work I’ve done since PACCAR has definitely been my high point so far, on this appeal and other matters. A fascinating period for me professionally, raising many high-stakes issues.’
Career low: ‘When I wasn’t kept on at the firm where I trained, which I put down to the tail end of the global financial crisis. I had to find a new path and have had a much more interesting career as a result.’
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