Key Takeaways From LFJ’s Special Digital Event on Litigation Funding Advisory Firms

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Ireland has brought its collective redress regime into operation with a new set of court rules and its first substantive judgment, yet the country's continuing prohibition on third-party litigation funding still stands between qualified entities and viable claims.
As reported by Arthur Cox, S.I. No. 488 of 2026 took effect on 12 October, inserting Order 15, rules 40 to 46 into the Rules of the Superior Courts and setting out the procedural framework for representative actions under the Representative Actions for the Protection of the Collective Interests of Consumers Act 2023. A separate instrument, S.I. No. 465 of 2026, exempted qualified entities from court fees from 11 September.
The firm's Richard Willis, Joanelle O'Cleirigh, Kate O'Donohoe, Edel Curry and Peter Woods also point to the first substantive judgment under the Act, *Irish Council for Civil Liberties v Microsoft Ireland Operations Limited* [2026] IEHC 640, delivered by Mr Justice Mulcahy.
Despite the procedural progress, the authors identify the funding prohibition as a material obstacle to the regime functioning as intended. Qualified entities must finance proceedings without recourse to commercial funders, a constraint that significantly narrows the range of claims that can realistically be brought. Recommendations from the Law Reform Commission on third-party funding remain outstanding, leaving the question of whether Ireland will relax its position unresolved as the new rules come into force.
Third-party funding agreements are not automatically void in the Philippines despite the country's long-standing hostility to champerty, according to a new analysis of the Supreme Court's reasoning in *RODCO Consultancy and Maritime Services Corp v Ross*.
As reported by Asia Business Law Journal, Anthony Jacoba, Jermiss Mishania Muarip and Rex Emmanuel Apad of Manila firm Ocampo & Suralvo write that the Court's November 2023 decision stopped short of imposing a blanket prohibition. Instead, a funding arrangement falls foul of Article 1409 of the Civil Code only where its terms are grossly disadvantageous to the funded party, leaving the enforceability of each agreement to turn on its specific commercial terms rather than on the existence of funding itself.
The authors note that the champerty doctrine in the Philippines developed principally as a constraint on lawyers, who are barred from acquiring an interest in the subject matter of litigation they handle. A funder that is not counsel sits outside that prohibition, which the authors argue creates space for institutional capital to support arbitration claims.
Disclosure is already part of the local framework. The 2021 Arbitration Rules of the Philippine Dispute Resolution Center require parties to disclose pre-existing funding arrangements, aligning Philippine practice with the transparency expectations now common across major arbitral institutions. The authors suggest the combination of a narrow champerty rule and a disclosure obligation gives funders a workable, if still untested, route into Philippine-seated disputes.
German claims vehicle Financialright Claims GmbH has asked a Delaware federal judge to revive its lawsuit against a Burford Capital affiliate over an allegedly fraudulently induced arbitration agreement, arguing that an arbitral tribunal has now confirmed the court's authority to decide the dispute.
As reported by Law360, Financialright urged the court to reopen the case on the basis that the tribunal has resolved the threshold question that led to the action being stayed. The motion follows a partial final award dated 26 September 2026 in LCIA Case No. 246335, which the parties received on 2 October, as disclosed in a supplemental brief Financialright filed with the U.S. Supreme Court in Burford's pending petition, No. 25-1269.
The dispute arises from a 2017 capital provision agreement under which Burford German Funding financed Financialright's acquisition and prosecution of German antitrust claims brought by hauliers against truck manufacturers. Financialright alleges it did not learn until late 2022 that the law firm Hausfeld held a part ownership interest in Burford German Funding through a separate entity, German Litigation Solutions LLC. Its Delaware complaint seeks a declaration that the arbitration clause in the funding agreement is invalid and unenforceable.
In August 2025, the District of Delaware granted Burford German Funding's motion to compel arbitration and stayed the action pending the London-seated LCIA proceeding. Docket entries show Financialright filed its opening brief in support of reopening on 7 October, followed by a supporting declaration on 8 October.