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Erasmus’ Litigation Investment Innovation Library 

Erasmus’ Litigation Investment Innovation Library 

Erasmus Law Review hosts white papers from 10 of Europe’s top legal finance scholars. The library highlights major developments and barriers to litigation financiers.  Litigation Finance Journal’s compilation of the Erasmus legal investment library’s LF-based white papers includes a diverse library of subject matter, including regulatory issues in Australia, European litigation funding, and the role of BTE and ATE insurance.  The Erasmus library provides some dense material, yet these deep-dives can provide industry stakeholders with the opportunity to explore niche segments of the market not typically covered in more mainstream publications.

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UK Litigation Funding Reforms in 2026: From Commercial Tool to Regulated Justice Feature

By John Freund |

A new Solicitor News analysis frames 2026 as the year UK litigation funding completes its transition from a flexible commercial tool to a regulated feature of the justice system, with transparency, fairness, and proportionality of funder returns now squarely in the line of sight of both Parliament and the courts. The piece argues that funding arrangements are no longer treated as peripheral financial instruments but are instead being examined as active components of the disputes they finance.

As reported by Solicitor News, the post-PACCAR landscape continues to drive structural change — pushing funders to restructure agreements that had been classified as damages-based agreements under the Supreme Court's ruling and prompting heightened judicial scrutiny of conflicts of interest, procedural fairness, and the economics of group actions. The analysis flags tighter funder selectivity, deeper firm-side due diligence on funder counterparties, and an expectation of more rigorous early-stage case assessment as defining features of the new regime.

For UK law firms, the article identifies opportunities alongside the risks: enhanced client confidence through transparency, differentiation for firms that can demonstrate compliance expertise, and a chance to position funding as part of an integrated dispute strategy rather than an after-the-fact add-on. The broader signal is that 2026 reforms — coming on top of FCA enforcement activity in adjacent financial sectors — are converging into a tighter regulatory perimeter that funders and claimant firms alike will need to navigate deliberately rather than incidentally.

Adam Levitt Pushes Back on the “Tort Reform” Myth in National Law Journal Column

By John Freund |

Plaintiffs' class action attorney Adam J. Levitt of DiCello Levitt has used his monthly *National Law Journal* column to challenge what he calls the central premise of the modern tort reform movement — that America is "drowning in lawsuits" — arguing that the framing is unsupported by the data and has nonetheless underwritten 40 years of legislative and regulatory restrictions on civil litigation. The column lands at a moment when third-party litigation funding regulation is being driven in significant part by that same narrative.

As reported by Law.com, Levitt's piece traces the durability of the U.S. Chamber of Commerce's tort reform messaging across decades and argues that empirical studies on filing rates, recoveries, and class certification do not support the picture of runaway plaintiff abuse that the messaging projects. The column situates current TPLF disclosure proposals, class-action reform efforts, and aggressive state-level restrictions on funded litigation as downstream effects of a flawed factual premise rather than as responses to a documented surge in litigation.

For litigation funders, the column is significant precisely because the "drowning in lawsuits" narrative has been the connective tissue between traditional tort reform priorities and the newer push to constrain TPLF through disclosure mandates, foreign-funder bans, and registration regimes. Levitt's piece supplies plaintiffs' counsel and funders with a rebuttal frame to deploy in legislative debates and judicial proceedings — even as defense-side groups continue to lean on Chamber-aligned data in support of further restrictions.

Ivo Capital Backs €673 Million Dutch Consumer Claim Against Netflix Over Pricing Practices

By John Freund |

Stichting Bescherming Consumentenbelang, a Dutch consumer protection foundation, has filed a class claim against Netflix in the Amsterdam District Court alleging that the streaming service raised subscription prices by as much as 75% since 2017 without the transparent justification required under EU consumer protection rules. The claim values consumer damages at between €420 million and €673 million on behalf of an estimated 3 to 4 million Dutch subscribers, with more than 1,000 already registered.

As reported by The Next Web, the action is funded by IVO Capital under a no-cure, no-pay arrangement that entitles the funder to up to 25% of any compensation awarded. The legal grounds rest on EU Directive 93/13/EEC on unfair contract terms, with the foundation arguing that Netflix's generic price-change clauses — paired with a 30-day notice and cancellation option — fail the requirement that consumer terms be expressed in "clear and comprehensible" language and meet specific conditions for unilateral modification. Netflix has stated that it takes consumer rights "very seriously" and is "convinced" its terms comply with local laws and consumer expectations.

The case adds a high-profile data point to Europe's expanding pipeline of consumer-led, funder-backed pricing claims, alongside the wave of competition-driven collective actions running through the UK Competition Appeal Tribunal and similar proceedings in Germany and Spain. For commercial funders, the structure illustrates how subscription-economy pricing disputes — long viewed as marginal under traditional damages frameworks — can become viable matters when aggregated across millions of consumers under EU consumer law.