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Ruling from Court in United Kingdom Expands Liability for Litigation Funders

American Lawyer last week reports that “a rare court ruling on the liability of litigation funders” from the English Court of Appeal “increases the exposure of funders in U.K. cases that don’t succeed.”

The report added that “While the ruling will not affect litigation funding arrangements for U.S. cases, it does reveal details of the underlying funding agreements, which are typically cloaked in secrecy.”

Added the report: the “litigation funding industry filed amicus briefs arguing that funders should not be on the hook for the full costs” in the U.K.’s loser-pays system, “claiming that it would hamper access to justice for plaintiffs with limited resources”, but the court rejected the argument.

The full article, UK Court Ruling Increases Liability Exposure of Litigation Funders, is available here.