Lawyers, funders and others with an interest in litigation funding have until 31 January to provide input into the Civil Justice Council’s review of the sector.
The CJC published a list of consultation questions at the end of last month, together with an interim report setting out the issues it will be considering in its review. The review was commissioned by the previous lord chancellor Alex Chalk last spring.
The consultation responses will inform the CJC’s final report, which will contain recommendations for reform. The CJC expects its final report to be ready next summer, when it will be delivered to the current lord chancellor Shabana Mahmood and published.
The consultation questions cover a range of issues, and have been grouped into themes. The first set of questions covers ‘whether and how, and if required, by whom, third party funding should be regulated’, as well as ‘the relationship between third party funding and litigation costs’.
Other sets of questions cover issues including whether funders’ returns should be subject to a cap; what role the court and court rules should play in controlling the conduct of funded litigation; and how litigation funding ‘should best be deployed relative to other sources of funding, including but not limited to: legal expenses insurance; and crowd funding.’
Further groups of questions include ‘provision to protect claimants’, and ‘questions concerning the encouragement of litigation’.
November 12, 2024 by Rachel Rothwell
Insights
