The Civil Justice Council (CJC) recently published its interim report on third-party litigation funding

For those who may have missed this The Civil Justice Council (CJC) recently published its interim report on third-party litigation funding (TPF) as part of an ongoing review aimed at making civil justice more accessible, fair, and balanced. The report, released last month, is part of a broader initiative requested by the Lord Chancellor and reflects the growing role of TPF in the justice system.

The CJC’s interim report recognises, on the one hand, the positive impact that litigation funding can have on access to justice, particularly in cases like the Post Office Horizon scandal, where TPF supported claimants facing significant opposition. On the other hand, the review panel has also acknowledged concerns around the regulation and potential risks posed by TPF, such as conflicts of interest, the influence of funders over litigation, and issues with funder remuneration. These are crucial considerations for ensuring TPF is not only accessible but fair and responsibly managed.

The CJC’s preliminary recommendations include assessing regulatory models beyond the current self-regulation practiced by the UK’s Association of Litigation Funders. It also suggests setting limits on funders’ returns and implementing court oversight in cases involving TPF to prevent any undue influence on litigation proceedings.

In the next stage of the review, the CJC is inviting public feedback on the interim report, with responses due by January 2025, and it plans to present its final recommendations in the summer of 2025.  A link to the report appears below.

https://www.judiciary.uk/wp-content/uploads/2024/10/CJC-Review-of-Litigation-Funding-Interim-Report.pdf

Denovo offers a wide range of costs drafting and auditing services and can assist both funders and funded parties in the budgeting, presentation, and management of litigation costs.  Feel free to contact Dr Michael Heslin or Afqar Dean to .

The Civil Justice Council (CJC) recently published its interim report on third-party litigation funding

For those who may have missed this The Civil Justice Council (CJC) recently published its interim report on third-party litigation funding (TPF) as part of an ongoing review aimed at making civil justice more accessible, fair, and balanced. The report, released last month, is part of a broader initiative requested by the Lord Chancellor and reflects the growing role of TPF in the justice system.

The CJC’s interim report recognises, on the one hand, the positive impact that litigation funding can have on access to justice, particularly in cases like the Post Office Horizon scandal, where TPF supported claimants facing significant opposition. On the other hand, the review panel has also acknowledged concerns around the regulation and potential risks posed by TPF, such as conflicts of interest, the influence of funders over litigation, and issues with funder remuneration. These are crucial considerations for ensuring TPF is not only accessible but fair and responsibly managed.

The CJC’s preliminary recommendations include assessing regulatory models beyond the current self-regulation practiced by the UK’s Association of Litigation Funders. It also suggests setting limits on funders’ returns and implementing court oversight in cases involving TPF to prevent any undue influence on litigation proceedings.

In the next stage of the review, the CJC is inviting public feedback on the interim report, with responses due by January 2025, and it plans to present its final recommendations in the summer of 2025.  A link to the report appears below.

https://www.judiciary.uk/wp-content/uploads/2024/10/CJC-Review-of-Litigation-Funding-Interim-Report.pdf

Denovo offers a wide range of costs drafting and auditing services and can assist both funders and funded parties in the budgeting, presentation, and management of litigation costs.  Feel free to contact Dr Michael Heslin or Afqar Dean to .