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International Legal Finance Association (ILFA) Welcomes New ELI Report – ‘Principles Governing the Third-Party Funding of Litigation’

International Legal Finance Association (ILFA) Welcomes New ELI Report – ‘Principles Governing the Third-Party Funding of Litigation’

The International Legal Finance Association (ILFA), the global voice of commercial legal finance, has welcomed the findings of the newly published European Law Institute (ELI) report ‘Principles governing the third-party funding of litigation’. 

The report, authored by UK High Court Judge Dame Sarah Cockerill and Professor Susanne Augenhofer, is the product of more than two years of investigative work to develop principles and guidance for the TPLF market, and represents a new, independent contribution to the legitimate and effective use of TPLF. 

Following the publication of the report, Neil Purslow, Chairman of the Executive Committee of ILFA, commented:

‘This new report, authored by seasoned legal observers, recognises that commercial legal finance increases access to justice for European businesses and consumers and provides ‘vital improvement in access to justice’ (pg.19) when made available. Contrary to the repeated claims of big business, funding helps level the playing field for those exercising their rights against multinationals with almost unlimited resources’. 

The report also cautions against imposing new regulations on the TPLF market. Instead, it advances a ‘complementary approach’ involving guidance to funders on issues to be taken into account before entering into a TPLF agreement, together with publishing a new Appendix drawing together the recommended minimum content of a funding agreement.

Purslow commented: 

‘ILFA agrees with the report’s conclusion that proscriptive one-size-fits-all regulation isn’t appropriate for a sector like ours. It risks funders ceasing to offer funding, inevitably leading to what the authors rightly identify as ‘serious access to justice issues’.’

The full report from ELI can be read online here

About ILFA

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the global voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. For more information, visit www.ilfa.com and like us on LinkedIn and X @ILFA_Official. 

About ELI 

The European Law Institute (ELI) is an independent non-profit organisation established to initiate, conduct and facilitate research, make recommendations and provide practical guidance in the field of European legal development. The ELI secretariat is hosted by the University of Vienna, Austria.

The report team was led by Susanne Augenhofer (Professor of Law, Austria), Dame Sara Cockerill (High Court Judge, UK), and Henrik Rothe (Professor of Law, Denmark) (until July 2022). 

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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.