ABSTRACT
This note critically examines the recommendations of the CJC’s Review into Litigation Funding following the publication of its Final Report in June 2025. It welcomes the long overdue recommendation to reverse the UK Supreme Court’s decision in PACCAR as well as the recommendation to finally fix the Damages Based Agreements Regulations 2013. Both recommendations will go a long way to restoring certainty in litigation funding arrangements, thereby increasing the range of funding options available to ordinary individuals who cannot afford the extremely high costs of litigation upfront. However the proposed regulatory framework outlined in the CJC’s Final Report requires much further policy work and consultation, whilst some of the recommendations should be rejected altogether as a severe threat to access to justice and discriminatory against those least able to access the justice system.
€ (Westlaw)
Andrew Higgins, Adrian Zuckerman and Ravi Nayer, ‘The CJC’s report on litigation funding: a mixed bag of much needed, potentially problematic and disastrous recommendations for access to justice’ (2025) 44(4) Civil Justice Quarterly 219-232.
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