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ARTICLE · 06 OCTOBER 2023

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Third Party Litigation Funding In Ireland: Recent Developments

Dillon Eustace
Dillon Eustace
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Dillon Eustace

Dillon Eustace

Dillon Eustace is one of Ireland’s leading law firms focusing on asset management and investment...

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On 17 July 2023, the Law Reform Commission (‘LRC') published a Consultation Paper on third-party litigation funding in Ireland (‘Consultation Paper').

IrelandLitigation, Mediation & Arbitration

On 17 July 2023, the Law Reform Commission ('LRC') published a Consultation Paper on third-party litigation funding in Ireland ('Consultation Paper'). The LRC has indicated that it intends to proceed to publication of a final report setting out its recommendations on the subject.

This follows recent developments on third-party funding, including changes brought about by the Courts and Civil Law (Miscellaneous Provisions) Act 2023 and debate surrounding the funding of actions permitted by the recently enacted Representative Actions for the Protection of the Collective Interests of Consumers Act 2023 (discussed in previous articles here, here and here).

Background

Third-party funding refers to investment by a third party in dispute resolution proceedings in respect of which it has no direct interest. Funding of this nature is prohibited in Ireland, save for limited circumstances, on account of the rules against maintenance and champerty. Maintenance involves the

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