A promised review of third-party litigation funding will publish its interim report by this summer, it was revealed today. The date appears in the terms of reference for the review, which was announced by the government earlier this month along with legislation to reverse the Supreme Court's ruling in the PACCAR case. The issue has gained political traction amid continuing revelations about the Post Office Horizon scandal.
The review, by the Civil Justice Council (CJC), will set out the current position of third-party funding, consider whether current arrangements deliver effective access to justice and make clear recommendations for reform.
According to the terms of reference, a working group co-chaired by Mr Justice Simon Picken and barrister Dr John Sorabji 'will seek to provide an interim report by summer 2024 and a full report by summer 2025'. Its reports, which will be published, will 'provide advice to the lord chancellor and, where considered appropriate by the CJC, make recommendations for change'.
Publishing the terms of reference, Sir Geoffrey Vos, master of the rolls and chairman of the Civil Justice Council, said the review would examine the current and future operation of third-party funding, 'with a view to ensuring fair and proportionate access to justice for all'.
Lord chancellor Alex Chalk said: 'Access to justice is essential for a free and fair society, and litigation funding makes an important and positive contribution.This review by the respected CJC will ensure that it operates with fairness, balance and proportionality.'
Susan Dunn, chair of the Association of Litigation Funders, said: 'Litigation funding is still a niche industry and self-regulation through the UK’s Association of Litigation Funders has been very effective and it continues to support high standards of conduct and governance amongst its members. We look forward to working closely with the CJC working group on its review.'
Neil Purslow, chair of the International Legal Finance Association, said: ‘We welcome the CJC’s review of the sector and share its goal of making civil justice more accessible, fair and efficient. As the government, victims like Alan Bates, and leading legal experts have all recognised, litigation funding plays a critical role in ensuring businesses and consumers can secure justice and hold large corporations to account. We will work with the review to share ideas to further level the playing field for claimants facing defendants with deep pockets and cynical tactics.’
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