Saturday 15 February 2025

Navigating the Inheritance Maze: Your Guide to Probate, Will Disputes, and Estate Challenges

Top 5 This Week

Related Posts

CJC reveals participants and guidelines for litigation funding examination

Co-chairs Named for Civil Justice Council Review of Third-Party Litigation Funding

High Court Judge and Former Legal Adviser Named Co-Chairs of Civil Justice Council Review on Third-Party Litigation Funding

In a significant development for the legal landscape in England and Wales, a High Court judge and the former principal legal adviser to the Lord Chief Justice have been appointed as co-chairs of the Civil Justice Council (CJC) review of third-party litigation funding.

The review, which was commissioned by Lord Chancellor Alex Chalk, will focus on the regulation of the market and potentially capping the returns that funders can make. This comes in response to last year’s Supreme Court ruling in PACCAR, which deemed litigation funding agreements (LFAs) as damages-based agreements.

The Litigation Funding Agreements (Enforceability) Bill, which recently received its second reading in the House of Lords, aims to address this issue. There has been widespread support for some form of regulation within the industry.

The working party, led by Mr. Justice Simon Picken and Dr. John Sorabji, will produce an interim report this summer and a final report next summer. The group also includes prominent figures such as Mrs. Justice Sara Cockerill, Professor Chris Hodges, Lucy Castledine, and Nick Bacon KC.

The review will assess the current state of third-party funding, its impact on access to justice, and potential alternatives and limitations. It will also make recommendations for reform, considering aspects such as regulation, capping funders’ returns, and the role of funding in relation to other sources of financial support.

The CJC, chaired by Sir Geoffrey Vos, aims to ensure that citizens without means are not excluded from the civil justice system. Lord Chancellor Alex Chalk emphasized the importance of access to justice and the positive contribution of litigation funding.

Organizations representing funders have expressed their support for the review, highlighting the importance of self-regulation and the role of litigation funding in ensuring justice for businesses and consumers. The review has also garnered attention in light of recent scandals, such as the Post Office scandal, where funding played a crucial role in supporting group actions.

Overall, the review of third-party litigation funding is set to be a significant step towards ensuring fairness, balance, and proportionality within the legal system. It will be interesting to see the outcomes of the review and the potential impact on the legal landscape in England and Wales.

LEAVE A REPLY

Please enter your comment!
Please enter your name here

Popular Articles