A "Sea Change" In Attitudes Towards Third Party Litigation Funding In Jersey

Third party litigation funding offers an opportunity for an otherwise-disinterested investor to provide finance or effectively underwrite the costs of litigation, in return for a pre-agreed share of the proceeds.

WHAT IS LITIGATION FUNDING AND WHY IS IT ATTRACTIVE?

Also known as legal finance or litigation finance, third party funding – historically – was considered an improper or corrupting influence on litigation. These old offences of champerty and maintenance were first decriminalised in England in 1967. Since then, attitudes have shifted further, and third party funding in now broadly seen in a positive light as it increases access to justice, especially in light of the ever-increasing costs of litigation.