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Motor Finance Redress is a Clean-Up, a Compromise, and a Promise Not Quite Kept

By Kevin Prior |

The following article was contributed by Kevin Prior, Chief Commercial Officer of Seven Stars Legal Funding.

When the Financial Conduct Authority pushed back its redress consultation deadline to 12 December 2025, its reasoning sounded awfully familiar: the regulator needed more time to ‘get it right’.

What eventually landed in the FCA’s final redress scheme rules in Policy Statement 26/3 on 30 March 2026 was, depending on where you sit, the good, the bad, and the ugly all at once.

  • Good, in that an estimated £7.5 billion will move from lenders to consumers, and the regulator will clean up a historically disorderly market in the process.
  • Bad, in that the final rules are more complicated, conditional, and fairly transparently the product of a protracted negotiation between the FCA and lenders.
  • And ugly, in that the scheme ultimately falls materially short of the full remedy the FCA promised many mis-sold consumers—a point the regulator itself has effectively conceded.

For law firms, claims management companies, and funders, this is a more interesting combination than it may appear at first glance.

The rules introduced:

  • two schemes, not one—albeit there was some logic behind the regulator’s reasoning on this point; 
  • tightened eligibility;
  • a cap on compensation in roughly a third of claims;
  • an APR adjustment that the FCA itself described as a ‘bounded regulatory judgement’; and 
  • rebuttable presumptions on certain agreements.

All of this prompts a question worth asking: what do the FCA’s delays, and the scheme that eventually emerged from them, actually mean for law firms, claims management companies, the funders behind them, and, most importantly, the consumers who are waiting to get their money back?

The drumbeat that never stopped

Between the FCA commencing its investigation into historical car finance mis-selling tied to the use of discretionary commission arrangements on 11 January 2024 and the recent publication of the final rules, motor finance mis-selling has become the biggest consumer finance news in the UK. The Court of Appeal and Supreme Court rulings in the Johnson, Wrench and Hopcraft test cases gave the scandal legal weight. The regulator’s October 2025 proposals provided the redress framework. Every court ruling, extension of the complaint-handling pause, public comments by the FCA, or advice from consumer advocates ensured that motor finance mis-selling was never far from the headlines.

None of this was free publicity for the FCA’s preferred outcome of a tidy, do-it-yourself scheme. In addition to coverage of these events themselves, each development generated further news by prompting additional rounds of lender provisioning and speculation about the industry’s total liabilities.

The FCA estimates that:

  • 79% of motor finance customers know their lenders may owe them compensation;
  • 61% are aware of the redress scheme; and
  • 75% of eligible people will participate in the scheme and receive redress.

The awareness percentages, in particular, still seem lower than you might expect, given the scandal's extensive coverage. But these numbers did not come from nowhere. They came from over two years of accumulated noise.

And behind the noise—the removal of 800 misleading adverts by FCA-regulated claims management firms, the new joint taskforce to deal with law firms and CMCs failing to adhere to good practice, the regulator’s continued insistence that consumers do not need professional representation—sits the reality the regulator will not admit. 

Professional representation remains in demand and for very good reasons. If it did not, the FCA would not be spending considerable resources on campaigns dedicated to dissuading customers from using it.

Complexity favours expertise

The FCA’s scheme does not inspire confidence that the average consumer will be able to work it out on their own.

Policy Statement 26/3 divides affected agreements into two schemes based on whether the loan began before or after 1 April 2014. Within both schemes, eligibility for redress depends on whether there was a DCA, commission above certain thresholds, or an undisclosed contractual tie. Lenders will calculate consumers’ redress using either a hybrid remedy, which is the average of commission paid and an APR-based estimated loss, or full commission repayment for the estimated 90,000 cases closely aligned with Johnson. Compensatory interest, the Bank of England base rate plus one percentage point, with a 3% annual floor, applies. There are certain inclusions, exclusions, and permissible rebuttals. There are even rules for deceased customers.

The bottom line is that a consumer who took out an agreement 10 years ago and receives a redress offer full of legalese and jargon from their lender probably won’t be able to work out what any of it means over breakfast.

Of course, some people will be able to work it out, or at least receive an offer they deem acceptable, take the money, and get on with their lives. These are exactly the people the FCA has in mind, and the regulator itself even admits that the scheme is more about giving as many eligible people as possible something back rather than fully remedying what has happened.

That is an honest admission, and an uncomfortable one. Getting something back is not the same as getting back what you were owed.

It is right that the FCA has made the scheme as accessible as possible. The problem is that the scheme covers 12.1 million agreements, and our data estimates that most mis-sold consumers will have had at least 2 or 3 motor finance agreements during the relevant period. Expecting millions of people to assess whether their lender has correctly assessed their eligibility or calculated their redress offer is not a realistic view of how consumers engage with financial services. It also paints a picture of an out-of-touch regulator—one that has, separately, decided to let lenders assess the scale of their own wrongdoing. And one whose scheme is now itself the subject of a confirmed legal challenge, which is hardly a vote of confidence in the regulator’s promise of an orderly, do-it-yourself route to compensation. Especially as the challenge is that the FCA’s final rules come down too heavily in favour of lenders. The regulator’s response? To call the challenge ‘disappointing,’ focus on the delay it may cause, and call on those bringing it to explain themselves to their clients. Consumer Voice, which is bringing the challenge with Courmacs Legal, says that the scheme need not be delayed at all, as only specific elements are in dispute.

The FCA wants to kill the category, but it will actually weed out the bad actors

The FCA’s joint taskforce with the Solicitors Regulation Authority, the Information Commissioner’s Office and the Advertising Standards Authority is, on the face of it, a warning shot to professional representatives. Exit fees are under scrutiny. Seven law firms have been closed down by the SRA, with some facing multiple ongoing investigations into their practices, and others have agreed to stop signing up new clients until they can demonstrate compliance with FCA rules. 

This, however, is not going to kill the category. Nor will it discourage consumers who have experienced harm. Many are simply not prepared to take lenders’ word that they’re doing right by them this time. Nor do they want to listen to or unquestioningly trust a regulator that allowed this misconduct to happen on its watch in the first place. Instead, it will ensure that what remains is a disciplined, well-run consumer claims market. The firms that can prove to the various regulatory bodies that they are operating fairly and correctly will be left standing and continue to demonstrate and deliver genuine value over and above the outcome of simply waiting for your lender to tell you what they think is a fair redress offer.

For funders, this is a welcome tidying of the sector. The surviving market will be smaller. It will also be more investable.

Where does this all leave law firms and funders?

Delays have given well-run firms time, something they rarely get. Time to refine their onboarding procedures. Time to build a case-vetting methodology worth the name. Time to prepare for a scheme whose final shape only recently became clear. Time to prime their clients for what’s coming. And time to watch the FCA’s own messaging evolve from confident proclamations that consumers do not need representation to an awareness campaign that implicitly concedes that it knows many will seek it anyway.

The scheme that has emerged is more complex and favourable to lenders than the one initially floated. The public awareness that has built up in the meantime has outgrown the neat category of ‘people who will just claim directly’. And the FCA and SRA’s regulatory housekeeping is doing what it should have been doing all along—removing the bad actors responsible for an entire sector being tarred with the same brush, raising the floor for good practice and operational standards, and giving the industry the credibility it needs to grow.

The FCA wanted to take the time to get things right. But it got some things right, some things wrong, and left others visibly short of the mark.

And in delivering its final motor finance redress scheme rules, it has arguably made the case for professional representation more clearly than any law firm could have.

Legalist Closes $415 Million Fund IV, Doubles Firm AUM to $2 Billion

By John Freund |

Legalist has closed a $415 million litigation finance fund — its fourth — bringing the San Francisco-based, tech-driven funder's total assets under management to roughly $2 billion and nearly doubling its capital base over the past year. The new vehicle reinforces Legalist's commitment to small-ticket commercial litigation finance in a market where many large peers continue to pursue ever-bigger cases.

As reported by Bloomberg Law, the new fund will continue Legalist's core strategy of investing $50,000 to $5 million per case across both single-case and portfolio structures, with portfolio investments now representing approximately half of the book — up from a smaller share in the firm's prior $300 million fund. Legalist's prior fund deployed across more than 250 positions, a level of dispersion that few commercial funders match.

The firm has also shifted away from patent infringement litigation toward class action investments, a strategic pivot that places it more squarely in the path of mass tort, consumer, and competition claims that have come to dominate the U.S. funded-litigation pipeline. Legalist's investor base — described as repeat-investing endowments, foundations, hospitals, and universities — appears to have followed the firm specifically rather than treating the allocation as generic litigation finance exposure.

CEO Eva Shang, who co-founded Legalist in 2016 with a $100,000 grant from Peter Thiel's foundation and built the firm around a software-driven origination model, framed the close as a continuation of the firm's founding thesis. "We are very true and consistent to our mission," she told Bloomberg Law, citing a decade-long focus on small commercial litigation finance and a deliberate decision not to pursue alternative business structures or trendier capital formats.

The close lands in a market characterized by both rapid institutionalization and visible stress at peer firms — including a series of high-profile fund closures, restructurings, and intervention proceedings on both sides of the Atlantic. Against that backdrop, Legalist's Fund IV is a notable signal that LP appetite for disciplined, vintage-consistent commercial litigation finance remains intact among institutional investors who treat the asset class as a long-duration allocation rather than a tactical play.

Legal-Bay Flags NY Archdiocese at “Critical Crossroads” Amid Nearly 2,000 Abuse Lawsuits

By John Freund |

Legal-Bay Pre-Settlement Funding has issued a sector update flagging the Archdiocese of New York as approaching a "critical crossroads" in its handling of nearly 2,000 sex abuse lawsuits, with plaintiffs' counsel pursuing settlements estimated to total approximately $2 billion against an institution whose financial position cannot currently meet that demand.

According to Legal-Bay's report via PR Newswire, the Archdiocese — covering Manhattan, the Bronx, and seven Hudson Valley counties — is weighing two paths: a global settlement funded in part by parish-level contributions, or a Chapter 11 bankruptcy filing of the kind already pursued by multiple U.S. dioceses confronting similar exposure. CEO Chris Janish, who recently sat for an LFJ Conversation, noted that "a bankruptcy would introduce significant complexity and could further delay compensation for victims."

Legal-Bay points to a series of recent diocese settlements as comparative benchmarks: Albany, NY ($148M pending), Rockville Centre, NY ($323M approved), Rochester, NY ($246M-$256M approved), Syracuse, NY ($176M approved), Buffalo, NY ($150M-$274M proposed), Camden, NJ ($180M pending), and New Orleans, LA ($230M pending). The cumulative outcomes underline both the scale of historic abuse claims now in the U.S. court system and the practical reality that institutional defendants of this size frequently end up resolving claims through structured insolvency proceedings rather than direct settlements.

For the consumer legal funding industry, the matter is operationally significant. Pre-settlement funders active in this space — Legal-Bay among them — provide cash advances to plaintiffs whose cases face the long, uncertain timelines characteristic of institutional abuse litigation. The longer cases run before resolution, the more important non-recourse advances become for plaintiffs facing their own financial pressures during proceedings, particularly when bankruptcy stays freeze recovery activity for extended periods.

The story also crystallizes a recurring theme across institutional abuse litigation: settlements scaled in the hundreds of millions but constrained by the realities of insurance coverage, real estate liquidity, and parish-level fundraising capacity. As the New York matter moves toward resolution, it is likely to influence how other large dioceses navigate the trade-off between bankruptcy protection and direct settlement structures.

ACSO Rebrands as Consumer Legal Association to Champion £5.5 Billion UK Claimant Industry

By John Freund |

ACSO, the UK trade body representing consumer-facing claimant law firms, has rebranded as the Consumer Legal Association (CLA), positioning itself as the unified voice of a £5.5 billion-plus personal injury and medical negligence sector that its leadership believes has not been "good enough at representing itself."

As reported by Legal Futures, the CLA is led by Matthew Maxwell Scott, who continues as chief executive of both organizations, with David Whitmore — former Slater & Gordon CEO — chairing the board. Other directors include Shirley Woolham (Minster Law CEO), Peter Haden (Fletchers CEO), and James Maxey (Express Solicitors CEO), with former SRA deputy chief executive Juliet Oliver serving as a non-executive director. The association is targeting around 20 larger claimant firms as core members, with plans to expand into adjacent sectors including medical reporting organizations and legal expenses insurers.

The CLA's stated agenda focuses on research demonstrating consumer benefits, behavioral benchmarks for client onboarding, settlement practices, and legal costs, alongside workforce data — including documenting that the sector's workforce is approximately two-thirds female. The launch reflects a sector under sustained pressure from personal injury reforms, fixed recoverable costs developments, and a narrative environment dominated by tort reform-aligned critics of the claimant economy.

For the litigation finance and ATE community, the CLA's emergence is meaningful. The trade body's planned expansion to include legal expenses insurers indicates an explicit intent to align the claimant law firm sector with its capital and insurance counterparts — a consolidation of voice that could reshape how UK regulators and policymakers engage with the broader funded-claims ecosystem. Litigation funders, ATE underwriters, and disbursement lenders all operate within markets where claimant law firm economics directly determine the viability of their products, and a more coordinated industry voice has obvious implications for how reforms are debated and implemented.

The launch also lands in a UK market increasingly defined by a parallel set of pressures: the FCA car finance redress scheme, intensifying SRA enforcement against problematic claims firms, the Law Commission's review of consumer class actions, and continued PACCAR-related uncertainty around the enforceability of funding agreements. A consolidated trade body that can speak credibly across these intersecting issues is, by design, well-positioned to influence the next phase of UK consumer claims regulation.

U.S. Treasury Reverses Course, Permits Venezuela to Fund Maduro’s Legal Defense

By John Freund |

The U.S. Treasury has amended an OFAC sanctions license to permit the Venezuelan government to finance the legal representation of Nicolás Maduro and his wife Cilia Flores, reversing an earlier position that had blocked such payments and threatened to derail the federal narcoterrorism case against them in New York.

As reported by Latin Times, the amended license, disclosed in a joint letter submitted to U.S. District Judge Alvin Hellerstein on April 25, allows Maduro's defense team, led by Barry Pollack, to receive payment from Venezuelan state funds, subject to strict conditions including a requirement that the funds originate from sources available after March 5, 2026. The reversal comes after OFAC briefly authorized the same payments in January, only to revoke that license within hours, prompting Pollack to argue that the restriction effectively denied Maduro his Sixth Amendment right to counsel.

The development is a notable update to the story LFJ covered in February, when the Treasury's initial blocking position raised novel questions at the intersection of sanctions law, third-party defense funding, and constitutional rights. The new license effectively resolves the dispute, removing what prosecutors had attributed to an "administrative error" and clearing the way for the case to proceed without further litigation over funding access.

For the litigation finance community, the reversal underscores how sanctions law can intersect with the practical realities of who pays for litigation — particularly in cases involving sovereigns, sanctioned entities, or politically exposed individuals. While the Maduro matter sits well outside the commercial litigation funding mainstream, the OFAC framework that governs these payments is the same regime funders must navigate when financing claims involving sanctioned counterparties, foreign state defendants, or assets subject to enforcement holds.

Maduro and Flores remain in federal custody at the Metropolitan Detention Center in Brooklyn and have pleaded not guilty to charges including narcoterrorism conspiracy, drug trafficking, and weapons offenses.

‘PPI 2.0’: Claims Firms and Funded CMCs Move to Capture Up to 40% of UK Car Finance Redress Pots

By John Freund |

Law firms and claims management companies are positioning to extract up to 40% of consumer payouts under the FCA's £9.1 billion car finance redress scheme, drawing comparisons to the PPI mis-selling era and prompting unprecedented regulatory enforcement against firms targeting motorists.

As reported by The Telegraph (via Yahoo Finance), the FCA's free redress scheme would deliver an average payout of £830 directly to consumers, but a parallel ecosystem of CMCs and law firms is aggressively soliciting drivers and offering to handle claims in exchange for substantial cuts of any recovery. Named firms include Barings Law — reported to be projecting up to £300 million in motor finance revenue — alongside Sentinel Legal, Consumer Rights Solicitors, and The Claims Protection Agency (TCPA). The Solicitors Regulation Authority is currently investigating 71 law firms, the FCA has forced three CMCs to reduce fees and blocked four others from taking new clients, and regulators have removed more than 800 misleading adverts, including unauthorized uses of Martin Lewis's likeness.

For the litigation finance community, the most notable disclosure in the reporting is the involvement of institutional capital behind the claims machine. Katch Investment Group is identified as a funder of TCPA and Consumer Rights Solicitors, with reported 19.1% returns in 2023 — a data point that underscores the increasingly direct role specialist credit and litigation funders are playing in financing UK consumer claims operations.

The Telegraph piece flags a series of consumer protection concerns: one customer reportedly had 21 different firms simultaneously claiming to represent them, multiple firms have failed to disclose the existence of the free FCA scheme, and several CMCs have advertised average payouts of £5,318 — more than six times the FCA's own £830 estimate. The FCA has emphasized that consumers using law firms or CMCs "must be able to trust those firms to act in their best interests."

The dynamic illustrates the dual-edged nature of mass consumer redress in markets where claims fee economics support a parallel commercial ecosystem. As the FCA scheme rolls out across roughly 12.1 million eligible finance agreements, with most claims expected to settle by end-2027, regulatory scrutiny of the claims-handling tier — and the funders financing it — is likely to intensify.

UK Motor Lenders Step Aside on FCA’s £9.1 Billion Redress Scheme

By John Freund |

Major UK car finance lenders, including Santander, Barclays, and Lloyds Banking Group's Black Horse division, have signalled they will not legally challenge the FCA's £9.1 billion motor finance redress scheme, removing a significant barrier to one of the largest consumer remediation programs in UK financial services history.

As reported by Times & Star, the Finance and Leasing Association (FLA) confirmed it would not mount a legal challenge despite continued industry concerns about the scheme's design. The decision clears the path for the FCA to begin issuing payments later this year, with most of the roughly 12.1 million eligible finance agreements expected to be settled by the end of 2027. The scheme provides for an average payout of £829 per driver, with £7.5 billion flowing directly to consumers and the balance covering administration and claims handling.

The lenders' stand-down comes as the redress program faces a separate legal challenge from Consumer Voice, the consumer advocacy group preparing to argue the scheme will significantly underpay drivers relative to common-law damages. That challenge runs alongside parallel group litigation in the Court of Appeal — covered separately by LFJ — where lenders are seeking to dismantle a 5,000-claimant group motor finance case in the courts.

For litigation funders, the lenders' acceptance of the FCA scheme structure has mixed implications. On one hand, the regulatory channel reduces the need for individual or grouped court proceedings on the underlying mis-selling claims, potentially shrinking the addressable market for funded litigation in the motor finance space. On the other, the scheme's perceived inadequacy — central to Consumer Voice's challenge and to the parallel group litigation — preserves a meaningful tail of funded claims pursuing damages outside the regulator's framework.

The FCA scheme also sits alongside an active claims management ecosystem in which CMCs, law firms, and their backers are positioning to capture sizable shares of consumer payouts, a dynamic that has drawn intensified regulatory scrutiny in recent weeks.

Sheffield-Based PM Law Collapses Amid £39.5 Million SRA Fraud Investigation

By John Freund |

PM Law Ltd, a Sheffield-based personal injury and conveyancing firm with 25 offices and more than 600 employees, has collapsed in one of the most significant UK law firm failures of 2026, with the Solicitors Regulation Authority describing the matter as a "sophisticated suspected fraud" involving the misuse of £39.5 million in client funds.

As reported by AOL UK / PA Media, PM Law closed on February 2 and entered voluntary liquidation on March 3. The PM Law group operated under more than 30 trading names — including Proddow Mackay, Butterworths Solicitors, and WB Pennine Solicitors — and ran offices across Yorkshire, Cumbria, Berkshire, Derbyshire, and London. South Yorkshire Police's economic crime unit is reviewing referrals from Report Fraud, alongside the SRA's investigation into the alleged improper removal of client funds.

As of April 17, the SRA had paid 92 compensation claims totaling £9.31 million to former clients, distributed £6.8 million from funds held at intervention, and returned 9,300 client files. Total claims against the firm are estimated at over £21 million, although the underlying alleged fraud spans £39.5 million in client account movements.

For the litigation finance community, the collapse highlights counterparty risk at the law firm level — a familiar but often underappreciated exposure for funders, disbursement lenders, and case acquirers active in the UK personal injury space. PM Law operated in volume PI and conveyancing markets where receivables-based lending, after-the-event insurance arrangements, and disbursement funding are commonplace, and where firm-level governance failures can crystallize losses across multiple capital providers.

The SRA intervention also adds to a difficult start to 2026 for the UK PI legal market, which has seen a series of high-profile firm closures, capital constraints among consolidators, and continued pressure on case economics. While the PM Law allegations are sui generis, the matter is likely to sharpen due-diligence practices among funders evaluating exposure to volume-claim firms and the consolidator structures that increasingly shape the segment.

DB Insurance Tapped as Lead Insurer for Korea’s Subsidized SME Litigation Insurance Program

By John Freund |

Korea has selected DB Insurance as the lead insurer for its government-backed SME Technology Dispute Litigation Insurance program, expanding a state-subsidized legal expenses insurance scheme designed to help small and medium-sized enterprises absorb the cost of intellectual property disputes.

According to Asia Business Daily, the program is supervised by Korea's Ministry of SMEs and Startups and operated by the Korea Commission for Corporate Partnership. The product covers legal expenses arising from disputes across five categories of intellectual property — patents, designs, utility models, deposited technologies, and trademarks — up from three categories last year. Coverage caps run to ₩50 million per item for domestic disputes and ₩100 million for international disputes.

The economics of the program rely heavily on government premium subsidies, with the state covering 70-80% of premiums for domestic disputes and 80% for international matters. This year's reforms also made defense-side litigation coverage optional rather than mandatory — reducing premium burdens for SMEs that face primarily offensive enforcement risk — and added support for patent trial costs at the pre-litigation stage, expanding coverage into earlier phases of dispute resolution.

For the international litigation finance and legal expenses insurance markets, the Korean program is a notable data point: a major Asian economy formally subsidizing the cost of IP litigation insurance for its SME base, and channeling that subsidy through a single lead carrier. While distinct from commercial third-party funding or after-the-event insurance products in the UK and Europe, the program reflects a broader policy view that access to litigation cost protection is itself an industrial competitiveness issue — particularly for technology-heavy SMEs facing well-capitalized infringers in cross-border markets.

The expansion follows a global trend of state and quasi-state initiatives — including the EU's IP SME Fund and the UK's IP enforcement support programs — that use insurance and subsidies to lower the cost of asserting and defending IP rights. For commercial funders and ATE underwriters watching Asian markets, the Korean structure offers a window into how government-backed coverage frameworks may shape the private-sector funding and insurance opportunities adjacent to them.

Counsel Financial Enables $35 Million Commercial Bank Credit Facility for National Plaintiffs’ Firm

By John Freund |

Counsel Financial has supported a $35 million commercial bank credit facility for a national plaintiffs' litigation firm, replacing an existing financing arrangement with a larger facility and materially reducing the firm's cost of capital. The transaction is the latest example of specialized litigation finance underwriting unlocking cheaper bank debt for contingent fee practices.

According to ACCESS Newswire, the facility is secured by a diversified portfolio of litigation assets spanning single-event personal injury cases, mass torts, and class actions. Counsel Financial served as underwriter, collateral monitoring agent, and servicer, working alongside the commercial bank to structure and execute the deal.

For the borrowing firm, the new facility delivers improved pricing and more flexible loan terms — expected to generate millions in annual cost savings — while expanding capacity to manage a growing docket, pursue resolutions more efficiently, and invest in future opportunities. The refinancing also replaces an existing lender arrangement, a pattern increasingly common as plaintiffs' firms mature and graduate from higher-cost early-stage capital to lower-cost institutional debt.

The deal reinforces the role of litigation finance specialists as intermediaries between commercial banks and plaintiff firms, translating contingent fee inventories into collateral pools that mainstream lenders can underwrite with confidence. Counsel Financial has deployed more than $2 billion to U.S. law firms since 2000 and serviced over $10 billion in case collateral, leveraging proprietary data and ongoing portfolio monitoring to support bank participation in a market still viewed as opaque by many traditional lenders.

As bank appetite for litigation-backed facilities grows, transactions like this one point to a gradual institutionalization of plaintiff-side law firm financing — one in which specialized underwriters, rather than banks themselves, shoulder the analytical burden of evaluating contingent fee collateral.

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