The language of third party litigation funding  

AB

C

DEF

GH IJ

LMNO

PQ

RS

TUW

Third party litigation funding has undergone a period of rapid change in England starting with the Arkin decision in 2005.  Elsewhere the law has been developing in different ways and at different rates across a number of jurisdictions.  Australia has been at the forefront of the changes following its own leading case – Fostif 

In principle Lord Justice Jackson also endorsed third party funding in his wide-ranging 2010 examination of the costs of civil litigation in England.  His report has been followed by the Legal Aid, Sentencing and Punishment of Offenders Bill, which is not all good news for funders but which will encourage lawyers to share the risks of litigation through contingency fees (or ‘damage based agreements’) 

The new legislation may also shake up the after-the-event insurance market by stopping winners from passing on the cost of premiums to losing parties 

To help you get under the skin of this fast evolving sector we have produced the ‘Language of third party litigation funding’.  We hope our succinct summaries of some of the terms and concepts frequently encountered will aid an understanding of the sector and how it can help those with good claims, but without the means to pursue them, secure access to justice 

AB

C

DEF

GH IJ

LMNO

PQ

RS

TUW