Third Party Litigation Funding In Ireland: Insights From European Commission Study

Introduction

On 21 March 2025 the European Commission published a study on Mapping Third Party Litigation Funding in the EU (the "Study"). The Study analysed the position of Third Party Litigation Funding¹ ("TPLF") across EU Member States and found that Ireland is a distinct outlier in its continued outlaw of TPLF. The Study notes that there is no existing legislation on TPLF in Ireland and it remains essentially unlawful on grounds that it constitutes maintenance and champerty under common law.² Highlighting the difficulties with any changes in the area, the Study emphasises the continued divergence of views held by Irish stakeholders for how TPLF should be regulated. 

The debate over how to implement TPLF in Ireland has extended over many years and continues to be considered by the Law Reform Commission (the "LRC"), including at length in a Consultation Paper published in July 2023³ (the "LRC Consultation Paper"). The LRC is expected to publish a final report