Civil Justice Council Review of Litigation Funding - Everything You Need to Know

Introduction

The Civil Justice Council (CJC) ‘Review of Litigation Funding - Final Report’ has now been produced in response to a request for advice from the Lord Chancellor, following the UK Supreme Court's decision in R (PACCAR) v Competition Appeal Tribunal.

It is no understatement to say that the future of litigation funding hinges on this report, which was given priority over the introduction of the Litigation Funding Agreements (Enforceability) Bill 2024, which had been tabled urgently by the last government to reverse the decision in PACCAR, which essentially rendered all Litigation Funding Agreements unenforceable where they provided for a return based on a percentage.

The report addresses broader questions relating to litigation funding and its regulation, as well as other forms of litigation funding. It aims to promote effective access to justice, fair and proportionate regulation of third-party litigation funding, and improvements to the provision and accessibility of other forms of litigation funding.

This virtual classroom seminar will provide a user-friendly analysis of this comprehensive report and discuss what the future may have in store and especially the current landscape following some key court decisions.

What You Will Learn

This live and interactive course will cover the following:

• Reversing PACCAR and Distinguishing Funding Types
• Formal Regulation of Litigation Funding
• Enhanced Protections for Consumers and Collective Proceedings
• Reforms to Other Funding Mechanisms
• Costs and Court Rules
• Reforming Contingency Fee Agreements (CFAs) and Damages-Based Agreements (DBAs)
• Promoting Legal Expenses Insurance (LEI)
• Access to Justice Fund
• Legislative Reform
• A review of the court’s approach to funding post PACCAR

Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.