Recent analysis of the issue of regulation of third-party
litigation funding in the EU and the UK has highlighted a broad
range of views and approaches. Any developments at EU level in
relation to funding practices, as well as any potential changes to
the UK framework, are of significant interest from an Irish
perspective as third-party litigation funding is currently under
active review by the Irish Law Reform Commission.
Introduction
The European Commission recently published a Mapping Study on third-party litigation
funding in the EU (the "EU Study") to
assist in its future policy decision-making in this area, including
in responding to the Resolution of the European Parliament on 13
September 2022, which recommended that common minimum standards for
third-party litigation funding be established across the EU. A
draft directive on the regulation of third-party litigation funding
was annexed to the Resolution and views on that
draft, including the degree of