Regulation
Is third-party litigation funding permitted? Is it commonly used?
Third-party litigation funding is permitted and endorsed by the judiciary and policymakers as a tool of access to justice. Consistent with modern public policy, English courts have a generally positive attitude to third-party funding.
The Competition Appeal Tribunal recently described third-party litigation funding as ‘a well-recognised feature of modern litigation that facilitates access to justice for those who otherwise may be unable to afford it’ (
UK Trucks Claim Limited v Fiat Chrysler Automobiles NV and Others and
Road Haulage Association Limited v Man SE and Others [2019] CAT 26). The tribunal s view underlines how far the law has changed since the days when funding another party s litigation could constitute both a crime and a tort.