An overview of the current regulation of the litigation funding
sector in place and whether it is sufficient.
It is difficult to judge the age of the litigation funding
industry in the UK, both because the confidentiality of funding
means that it is hard to identify the funded claims, and because of
the conceptual issue of how many funded claims it takes to
establish an industry.
It is easier to infer the genesis of the litigation funding
industry through external, objective data points, such as the dates
of key judgments providing judicial sanction for funding, or the
incorporation dates of the established funders. The first category
points to a date of establishment in the late 1990s. The second
category suggests the late 2000s.