A Closer Look At The Litigation Funding Industry

Raymond Cox QC of Fountain Court Chambers examines the current state of the UK litigation funding industry and the benefits a more mature funding market could bring.

It is of course very difficult to speak with confidence about the state of the litigation funding industry, and therefore about its prospects, because so little is publicly known about the cases accepted and rejected. That is knowledge understandably guarded by individual funders. Perhaps even more importantly, little is known about the untapped but available market of claimants.

For example, an obvious question, and area for research, is why, if it is accepted - as recent research suggests - that many cases suitable for funding which will in due course proceed to satisfactory settlements, judgments or awards, are not submitted to funders, that should be the position.