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Report Highlights ‘Substantial Benefits’ of Litigation Funding for Consumer Justice

By Tom Webster |

Report Highlights ‘Substantial Benefits’ of Litigation Funding for Consumer Justice

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

Litigation funding provides ‘substantial benefits’ to claimant organisations, and robust funding mechanisms are ‘essential’ to secure justice for consumers, an authoritative report found last month.

The report, Justice Unchained, by European consumer organisation BEUC, also found many of the common criticisms of litigation funding were not backed up by evidence.

The study found that consumer organisations across Europe face significant financial challenges to starting collective redress actions. It noted that initiating a collective action is ‘complex, risky, and expensive’, often involving lengthy proceedings that need significant resources.

The report said: ‘Without sufficient funding, important cases will remain unaddressed and risk making the Representative Actions Directive (RAD)2 an empty shell’.

BEUC said that as public funding, membership fees and donations were often insufficient or unavailable, litigation funding had emerged ‘as a solution to bridge a funding gap’. Benefits for the claimant included access to necessary resources, risk transfer, and ‘a more equal playing field between consumer organisations and powerful defendants’, it said.

The report added that frequent criticisms of litigation funding, such as ‘the risk of frivolous litigation, undue influence by funders, or targeting competitors’ were ‘not well-substantiated’, and ‘insufficiently evidenced by specific cases’.

According to the report, the potential risks of litigation funding in the context of collective redress are already addressed by the Representative Actions Directive, which requires member states to establish a framework that includes procedures to prevent conflicts of interest and undue influence, with judicial oversight to ensure compliance.

The report found that additional regulation of litigation funding at EU level should therefore only be considered if it is necessary. It said: ‘Two-thirds of EU Member States have opted not to regulate [litigation funding] beyond the RAD’s requirements, finding these safeguards sufficient to govern [litigation funding] effectively for collective redress actions. Besides, [litigation funding] can be managed through judicial oversight, as is the case in several Member States with a longer history of using [it]’.

The BEUC report suggested that a set of ‘best practices’, jointly established and agreed by funders, claimant organisations and others, may provide for ‘a balanced solution, ensuring [litigation funding] remains viable while promoting fairness and transparency.’

It said such best practice could encompass transparency over the funder’s sources of capital; full decision-making autonomy for the consumer organisation and its legal counsel; clear agreements on all expenses covered by the funder; clearly defined funder’s remuneration; assurance of the funder’s financial adequacy to meet obligations; strict compliance with transparency requirements set by the law; effective detection and disclosure of any conflicts of interest; well-defined conditions for termination of the funding; and a robust dispute resolution mechanism.

About the author

Tom Webster

Tom Webster

Tom is the Chief Commercial Officer for Sentry Funding

Commercial

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UK Competition Class Actions Face Tightening Scrutiny of Funders and Costs

The legal and economic foundations of opt-out competition claims in the United Kingdom are being tested with increasing rigour, as the Competition Appeal Tribunal and the appellate courts sharpen their examination of whether proceedings are proportionate, workable and genuinely beneficial to class members rather than to their advisers and funders.

As reported by Pinsent Masons, a series of recent decisions has established a markedly more demanding posture at the certification stage and beyond. In Mowi, the Tribunal declined to grant a collective proceedings order after concluding that the costs and benefits of the proposed proceedings did not support certification, expressing concern that any recovery might principally benefit legal advisers and funders rather than the represented class.

Other rulings have pressed on funder economics directly. The Tribunal approved a "drop hands" settlement in the Qualcomm proceedings — delivering no damages to an estimated 29 million consumers — only after close scrutiny and a finding that the claim had minimal prospects of success. In Innsworth, the High Court upheld limits on funder returns, confirming that a funder's profit must be assessed against the outcome actually delivered to the class and must represent a just and reasonable return.

Governance failures have also drawn consequences, with one case producing cost sanctions described as "unreasonable to a high degree" where funders withdrew without disclosure. Courts have separately warned that class representatives self-authorising fees at scale is undesirable and risks blurring the distinction between representative and funder interests.

The developments land alongside a government consultation on streamlining opt-out collective actions, open from 17 July to 25 September 2026, which is considering whether certification thresholds should place greater weight on proportionality and cost-benefit analysis.

Legal Bay Expands Commercial Litigation Funding to Cryptocurrency Fraud Cases

Legal Bay LLC has extended its commercial litigation funding platform to cover cryptocurrency fraud claims, targeting a category of disputes in which claimants frequently hold substantial value that is illiquid or inaccessible while litigation proceeds.

According to a PR Newswire release, the new program is designed for victims of cyber and crypto-related fraud, allowing digital asset holders to access capital without liquidating holdings that are tied up in ongoing proceedings. The company said funding decisions typically arrive within 24 to 48 hours of documentation being submitted, and that the offering is available nationwide to plaintiffs, attorneys and commercial litigation clients.

Legal Bay chief executive Chris Janish said the firm believes it is "the first and most experienced company to evaluate and fund crypto cases nationwide," positioning the expansion as a first-mover step in a claim type that has grown alongside the broader digital asset market.

The move reflects a wider pattern in the funding industry, where capital providers have increasingly sought exposure to digital asset disputes — from exchange insolvencies and recovery actions to individual fraud claims — as the volume and complexity of such matters has risen. Cryptocurrency claims present a particular funding challenge: recovery can hinge on tracing assets across jurisdictions and counterparties, and claimants often face lengthy timelines with limited liquidity in the interim.

Legal Bay is a national provider of pre-settlement funding, commercial litigation funding and lawsuit funding. The company did not disclose the size of the capital allocation supporting the new program.

Google Rivals Line Up Billions in EU Damages Claims as Funders Back the Wave

The European Commission's first enforcement action under the Digital Markets Act has opened the door to a fresh round of private damages litigation against Google, with third-party funders already positioned behind several of the claims.

As reported by Claims Journal, the $1 billion fine levied against Google for self-preferencing and restricting app developers has prompted price-comparison rivals across Europe to press for compensation, with the aggregate value of pending and prospective claims running into the billions.

Several actions are already well advanced. A Berlin court awarded German platform Idealo €465 million ($528.9 million) in November, and a Stockholm court in July ordered Google to pay roughly $1.97 billion including interest in the case brought by Sweden's PriceRunner. Italy's Moltiply Group, which operates Trovaprezzi.it, is seeking €2.97 billion, while U.K. comparison site Kelkoo is pursuing claims worth billions of pounds. Kelkoo chief executive Richard Stables said the company expects its claims "to be impacted somewhat by the DMA decision because it shows that Google is still self-referencing."

Litigation finance is a visible presence in the wave. LitFin is backing two claimant groups suing Google in Amsterdam over its shopping auctions, seeking more than $1 billion combined. LitFin chief operating officer Matej Pardo said "there are already a lot of these claims being filed, and probably more that are (being) prepared," while cautioning that such cases can take up to eight years to resolve.

Thomas Hoppner of Geradin Partners, which advised Idealo, said he expects the decision "will trigger a new wave of litigation." Google said it strongly disagrees with the lawsuits, describing the claimants as "companies looking for a payout instead of investing in their own products."