Irish High Court Compels Disclosure Of Litigation Funding Arrangements

In its recent decision in QPQ Limited v Schute [2026] IEHC 463, the High Court confirmed that it has an inherent jurisdiction to order the disclosure of litigation funding arrangements where there is a credible basis for believing the proceedings may be supported by unlawful third-party funding. This was held to come within its inherent jurisdiction to make any order designed to protect the courts from abuse and to ensure that the administration of justice operates in an efficient and effective manner.

The court said funding for litigation from a party who already has an interest in the litigation (ie a shareholder or creditor of the plaintiff) would not require a disclosure order. However, the court considered the corollary of this principle is that, if the funding does not come from a shareholder or other party with a legitimate interest in the litigation, then getting precise details of the identity of the funder and the terms of that funding is a necessary or proportionate step