Brave New World: The Impact of Third Party Litigation Funding on Commercial Litigation – the Latest Legal Features, Research and Legal Profiles
Recent years have borne witness to the nascent rise of third-party litigation funding (TPLF) of commercial litigation in legal markets across the globe. Beginning over a decade ago in Australia, TPLF spread quickly to the UK, the US, Canada, Europe and Asia. TPLF itself has undergone rapid changes in its short existence. Though the traditional model of single-funded cases is still the main modus operandi, funders have diversified their business model in the last 12 months, including investments in claims-aggregating firms, joint ventures with law firms directed at prosecuting certain claims, and post-judgment appeals funding. Commercial funders and commercial litigators are becoming increasingly consociated, however, the interests of funders and litigators necessarily diverge given that lawyers owe a fiduciary duty to their clients. TPLF represents the biggest change to the commercial litigation landscape, raising novel …