Litigation Funding: Living In Self-Inflicted Interesting Times?

May you live in interesting times.

Members of the litigation funding community could be forgiven for thinking that they were the victims of the apocryphal Chinese curse.

For some time they have been beset by a series of 'interesting' events: the judgment of the Supreme Court in PACCAR, the Post Office Scandal (particularly the scrutiny following the release of ITV's Mr Bates vs the Post Office), the failure of the Litigation Funding Agreements (Enforceability) Bill, among others – including the more prosaic, but probably more material impact of, rising interest rates on the litigation funding model.

None of these events have been of the litigation funders' making. All of them have adversely impacted them.