Key Takeaways from LFJ’s Special Digital Event “Litigation Finance: Investor Perspectives”

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Consumers are increasingly willing to interact with artificial intelligence when contacting a law firm, but that comfort drops sharply once the conversation turns complex or personal, according to new survey data.
According to figures published by Bristol Law Society, the research was commissioned by customer conversation company Moneypenny and conducted by Censuswide among 2,000 UK consumers between June 8 and June 10, 2026. It examined how receptive people are to AI when dealing with different types of businesses, including legal providers.
Where law firms are concerned, willingness tracks closely with the simplicity of the task. Some 29% of respondents said they would be happy using AI for an initial enquiry and 28% for completing a questionnaire. That figure falls to 22% for receiving a case update and 17% for settling a bill. A substantial 38% said they would not be happy using AI for any legal-related communications at all.
The survey also found pronounced generational and gender divides. Among Baby Boomers, 51% rejected AI for any legal communications, as did 44% of Gen X, compared with 28% of Millennials and 26% of Gen Z. More women than men expressed reluctance, at 43% versus 33%.
Bernadette Bennett, Head of Legal at Moneypenny, said the results point away from a uniform approach. "The best customer experiences will be achieved by blending both tech and human communications seamlessly, with AI handling simple queries quickly and efficiently, but deferring consumers to a real person for sensitive issues," she said.
The Commercial Court has ruled that communications created to help a litigation funder decide whether to back a claim do not ordinarily attract litigation privilege, ordering disclosure of exchanges between a law firm and its funder in a long-running dispute against Uber.
As reported by Dorsey & Whitney, the decision in Uber London Ltd & Ors v Garry White & Ors; Mishcon de Reya LLP [2026] EWHC 1610 (Comm) arose from black-cab drivers' claim that Uber engaged in an unlawful conspiracy. Mishcon de Reya assessed the merits of the claim for funder Harbour in late 2017, before beginning to represent the drivers in October 2018. Uber sought disclosure of those pre-engagement communications.
The court held that the dominant purpose of the firm's exchanges with Harbour was to evaluate the claim as an investment, not to conduct litigation, and that such funder-facing material therefore falls outside litigation privilege. It distinguished a funder's investment decision from a litigant's own funding decisions, which the court treated as inseparable from the litigation itself.
The ruling carries practical weight for how funders and their counsel handle diligence. Documents prepared to win financial backing may be disclosable, and a confidentiality arrangement cannot retroactively strip a client of the right to relevant information a firm has already obtained. The decision adds to a growing body of UK authority testing when funding-related communications must be produced, reinforcing that privilege turns on the dominant purpose of each document rather than the mere involvement of a funder.
The UK government has proposed a wide-ranging overhaul of the opt-out collective actions regime, including lifting the ban on damages-based agreements as a way to fund claims before the Competition Appeal Tribunal.
As reported by Legal Futures, the Department for Business and Trade's consultation would permit DBAs to fund opt-out proceedings, pointing to the Australian state of Victoria, where the government said funding rates have decreased and claimants have received superior returns since a similar change in 2020. The package is intended to broaden the funding options available to class representatives while addressing long-standing criticism that the regime favors funders over consumers.
Several proposals would reshape how cases proceed. The CAT would weigh the "absolute suitability" of a claim for collective treatment, with greater emphasis on proportionality and the balance between costs and potential benefits. The tribunal would also indicate at certification whether a funder's expected return is reasonable, and funders would be paid once damages are awarded or a settlement is approved rather than waiting for distribution to conclude.
The consultation further seeks views on empowering the CAT to require mediation, with cost consequences for parties that refuse to engage, and on introducing application fees linked to claim values. The government is also reconsidering whether undistributed settlement sums should continue to flow to the Access to Justice Foundation. The proposals follow findings that viable claims below £500 million struggle to attract backing, and that only one case has reached judgment under the regime to date.