IMF Bentham Formally Jumps into Contentious CBL Class Action

A procedural ruling in London has put fresh heat on the brain-injury lawsuits rocking the rugby world. Senior Master Jeremy Cook lambasted solicitor Richard Boardman of Rylands Garth for “serious and widespread failures” in disclosure, finding that more than 90 percent of claimants lacked complete medical records. Crucially, Cook held that the claimants, “backed by a commercial litigation funder,” must pick up the tab for the defendants’ wasted costs—a rare instance of a funder’s involvement directly influencing a costs order.

The Guardian reports that over 1,000 former players allege governing bodies failed to protect them from repeated head trauma. While Cook declined to strike the claims, he warned that continued non-compliance could cull large portions of the roster before trial, now pencilled for 2026. The ruling also exposes tensions between rapid claimant sign-ups—fuelled by aggressive funding and advertising spend—and the evidentiary rigour English courts demand.

The decision is a shot across the bow for mass-tort funders operating in the UK. Expect tougher underwriting of medical-evidence protocols and sharper diligence on claimant-solicitor capacity. If courts keep linking funder money to costs penalties, premium pricing for sports-concussion risks may climb, and portfolio-level insurance such as ATE could become mandatory. The wider question: will stricter case management streamline meritorious claims—or chill capital for socially significant litigation? LFJ will be watching.

The American Property Casualty Insurance Association (APCIA) has thrown its weight behind two House measures—Rep. Darrell Issa’s Litigation Transparency Act (H.R. 1109) and Rep. Ben Cline’s Protecting Our Courts from Foreign Manipulation Act (H.R. 2675). Both bills would force parties in federal civil actions to disclose third-party litigation-funding (TPLF) arrangements, while the latter would outright ban sovereign-wealth and foreign-state backing.

An article in Insurance Business America reports that APCIA’s federal-affairs chief, Sam Whitfield, told lawmakers at last week’s “Foreign Abuse of US Courts” hearing that undisclosed financiers inflate non-economic damages and, by extension, insurance premiums. Whitfield argued that hedge funds, private-equity vehicles and sovereign funds can currently steer litigation strategy from the shadows, possibly compromising national-security interests by harvesting sensitive discovery.

The legislation builds on a drumbeat of recent policy bids: Senate proposals to tax funder profits at 41%, a bipartisan push for MDL disclosure rules, and state-level consumer-funding caps. Unlike prior efforts, the Issa and Cline bills squarely target transparency and foreign capital rather than pricing, a framing likely to resonate with moderates concerned about geostrategic risk.

While passage in the current Congress is far from certain, APCIA’s endorsement amplifies industry pressure on lawmakers—and could spur compromises that impose at least some reporting duty on commercial funders.