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Funding of collective actions under the spotlight

By Tom Webster |

Funding of collective actions under the spotlight

The following was contributed by Tom Webster, Chief Commercial Officer for Sentry Funding.

The UK government is seeking views on the operation of litigation funding in the collective actions sphere, as part of its wider review of the opt-out collective actions regime in competition law.

An open call for evidence by the Department for Business & Trade (DBT) earlier this month featured a number of questions relating to litigation funding. These included whether the approach to funders’ share of settlement sums or damages is fair and proportionate; how the secondary market in litigation funding has developed and whether this has affected transparency and client confidentiality; whether funding provision for the full potential cost of claims is considered enough at the outset; and how conflict between litigation funders and class representatives should be approached.

As well as funding issues within the regime, the review will also look at scope and certification of cases; alternative dispute resolution, settlement and damages; and distribution of funds.

The DBT said it was time to review the operation and impact of the opt-out collective actions regime in competition law, as it is now ten years since its introduction through the Consumer Rights Act 2015. 

It said: ‘This government is focused on economic growth, and a regime that is proportionate and focused on returns to consumers where they are due is good for growth and investment.

‘However, we are aware of the potential burden on business that increased exposure to litigation can present. Finding the right balance between achieving redress for consumers and limiting the burden on business is essential to ensure that businesses can operate with certainty, whilst providing a clear, cost-effective, route for consumers.’

Providing background to its review, the DBT noted that when it was introduced in 2015, the regime was intended to make it easier for consumers, including businesses, to seek redress where they have suffered loss due to breach of competition law. It said that since then, the regime has developed and expanded significantly: ‘tens of billions’ of pounds in damages have been claimed, and ‘hundreds of millions’ of pounds spent on legal fees. The DBT said this was far higher than anticipated in the original impact assessment, which estimated the total cost to business to be just £30.8 million per annum.

The DBT also noted that the type of case being brought before the CAT has also developed in ‘unexpected’ ways. When the regime was introduced, it was expected that most cases would be follow-on claims, brought after the Competition and Markets Authority (CMA) or European Commission have already investigated anti-competitive behaviour and made an adverse finding. However, approximately 90% of the current caseload is now made up of standalone cases, the DBT said.

The government also pointed out that only one case (Justin Le Patourel v BT Group Plc [2024] CAT 76) has reached judgment in the CAT, with other certified cases generally concluding in settlement outside of court. This means that there has been limited precedent set on key issues such as damages and distribution, it asserted.

Proponents of the collective actions regime have pointed out that it is still relatively new, and has been subject to much challenge by defendants. But while it will inevitably take time to bed in, they argue that the regime is already effective in improving corporate behaviour and levelling the playing field for consumers.

The government said its review will also take into account existing work relevant to the regime, such as the Civil Justice Council (CJC)’s recent report on litigation funding.  

Its call for evidence will close on 14 October. 

About the author

Tom Webster

Tom Webster

Commercial

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Op-Ed Ties California Litigation Costs to Rising Cost of Living

A commentary published this week argues that California's litigation environment functions as an unofficial tax on businesses and consumers, adding to the state's cost of living at a moment when affordability dominates its politics.

As reported by California Globe, the piece by John Allard, a former mayor of Roseville with more than two decades as a small business owner, sets national tort costs at $529 billion in 2022, equivalent to 2.1% of GDP, and cites projections that the figure could exceed $900 billion by 2030. Within California, the author points to 199 nuclear verdicts between 2013 and 2022 totalling more than $9 billion.

Much of the argument focuses on state-specific mechanisms. Allard highlights the Private Attorneys General Act, noting that claims routed through the state review process resolve 52% faster while workers receive 67% less compensation than in court-filed claims, and describes Proposition 65 as having produced an industry of citizen enforcers, with settlements rising from $26 million across 890 settlements in 2022 to more than $101 million across over 1,300 settlements more recently. The commentary also flags the Gilead "duty to innovate" case as an example of novel liability theories reaching the state's highest court.

Third-party litigation funding appears only in passing, referenced in connection with Georgia's 2025 reforms rather than through California-specific data. That absence is itself notable: the state has no funding disclosure or registration statute, and the op-ed offers no estimate of funded case volume within its cost figures.

The piece is advocacy rather than analysis, and its figures come from tort reform sources whose methodology has been contested. It nonetheless illustrates how the cost-of-living frame is being applied to litigation policy in the largest state yet to legislate on funding, and where a disclosure debate has so far failed to gain traction.

Novarex Capital Partners Closes Initial £5 Million Funding Round

London-based Novarex Capital Partners has completed an initial £5 million funding round, with a second round already underway as part of a broader capital programme.

According to ACCESS Newswire, the firm describes itself as a specialist introduction platform focused on private credit, litigation finance and structured capital, identifying opportunities for sophisticated investors seeking access to private markets. The proceeds of the initial round support the working capital requirements of an SRA-regulated law firm engaged in the preparation of eligible claims, operating in accordance with SRA standards and maintaining professional indemnity insurance.

The company said each stage of funding is designed to align with operational requirements while adhering to relevant regulatory frameworks. A second round is advancing, with a further round planned.

The structure reflects a financing model that has become increasingly common in the UK claims market, where capital is deployed against a law firm's working capital needs during claim preparation rather than committed to individual matters. That approach places the funder's exposure at the firm level, tied to the pace at which eligible claims are built and progressed, and depends heavily on the quality of the underlying claim pipeline and the discipline of the regulated firm carrying out the work.

The raise is modest by the standards of the institutional funds that have dominated recent fundraising headlines, but it sits in a segment of the UK market that has drawn scrutiny following a series of failures among smaller funders and claims businesses over the past year. Whether Novarex's staged capital programme reaches its later rounds will offer some indication of investor appetite for law firm working capital exposure at a moment when that risk is under closer examination.

Auto Injury Claim Costs Outpaced Medical Inflation for Five Straight Years, Study Finds

Average payments on U.S. auto bodily injury claims rose at more than double the rate of medical care inflation between 2017 and 2022, according to a new Insurance Research Council study drawn from one of the largest claims datasets assembled for the line.

As reported by Insurance Business, the IRC analysed more than 7.4 million auto injury claims closed with payment over the five-year window, pooled from nine insurers representing roughly 43% of the U.S. private passenger auto market. Average bodily injury claim payments climbed from approximately $14,000 in 2017 to more than $20,000 in 2022, an annualised increase of 7.8% that accelerated markedly after 2020.

The study points to attorney involvement as a central variable. Legal representation among claimants rose from 40% in 2017 to nearly 50% by 2022, with bodily injury claimants showing the sharpest movement at 11 percentage points, while litigation rates nearly doubled from 10% to 18%. Medical bills increasingly functioned as a multiplier rather than a fixed cost: for each dollar of medical expense, total settlement value rose from $1.80 in 2017 to $2.30 by 2022.

The outcomes data complicates the picture for claimants. Represented claimants saw median closure times of 440 days against under 220 days for unrepresented claimants, and after accounting for medical costs and legal fees, netted $1.40 per dollar of medical bills compared with $1.80 for those without representation. IRC's Patrick Schmid tied the trend to settlement pressures and their downstream effect on auto insurance affordability.

The findings arrive as insurers and trade groups press state and federal lawmakers on third-party litigation funding disclosure, and the report's framing of structural cost drivers is likely to feature in that argument. The dataset's scale gives the numbers unusual weight in a debate that has often turned on contested estimates.