The European Commission has confirmed that it will not
progress the regulation of Third-Party Litigation Funding (TPLF).
Ireland is the European outlier in its continued prohibition of
TPLF (under the rules of maintenance and champerty) with one
legislative exception, yet to be commenced, in relation to
international commercial arbitration. As we await the publication
of the Law Reform Commission's much anticipated report on TPLF,
which is expected late Spring 2026, we consider what the European
Commission's decision means for the likelihood of TPLF reform
in Ireland.
The European Commissioner for Democracy, Justice, the Rule of
Law and Consumer Protection, Michael McGrath has confirmed that the
European Commission will not progress the regulation of TPLF. This
comes following the publication of the Report of the High-Level
Forum on Justice for Growth where it is noted that the participants
in the Forum were "very sceptical" about the
need to regulate TPLF, and