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The CJC’s Review of Litigation Funding Will Have Far-Reaching Effects

The CJC’s Review of Litigation Funding Will Have Far-Reaching Effects

The following is a contributed piece by Tom Webster, Chief Commercial Officer at Sentry Funding.

Reform is on its way for the UK’s litigation funding sector, with the Civil Justice Council firing the starting gun on its review of litigation funding on 23 April.

The advisory body set out the terms of reference for its review, commissioned by lord chancellor Alex Chalk, and revealed the members of its core working group.

The review is working to an ambitious timetable with the aim of publishing an interim report by this summer, and a full report by summer 2025. It will be based on the CJC’s function of making civil justice ‘more accessible, fair and efficient’.

The CJC said it will set out ‘clear recommendations’ for reform in some areas. This includes consideration of a number of issues that could prove very significant for funders and clients. These include:

  • Whether the sector should be regulated, and if so, how and by whom;
  • Whether funders’ returns should be subject to a cap; and if so, to what extent;
  • The relationship between third party funding and litigation costs;
  • The court’s role in controlling the conduct of funded litigation, including the protection of claimants and ‘the interaction between pre-action and post-commencement funding of disputes’;
  • Duties relating to the provision of funding, including potential conflicts of interest between funders, lawyers and clients;
  • Whether funding encourages ‘specific litigation behaviour’ such as collective action.

The review’s core working group will be co-chaired by CJC members Mr Justice Simon Picken, a Commercial Court judge, and barrister Dr John Sorabji. The four other members are:

  • High Court judge Mrs Justice Sara Cockerill, who was judge in charge of the commercial court 2020 – 2022, and who is currently involved in a project on third party funding for the European Law Institute;
  • Academic and former City lawyer Prof Chris Hodges, chair of independent body the Regulatory Horizons Council which was set up to ensure that UK regulation keeps pace with innovation;
  • Lucy Castledine, Director of Consumer Investments at the Financial Conduct Authority; and
  • Nick Bacon KC, a prominent barrister and funding expert who acts for both claimants and defendants

The CJC had said that it may also bring in a consumer representative, as well as a solicitor experienced in group litigation.

In a sign that the review seeks to be informed by a wide range of views, the CJC has also extended an invitation for experts to join a broader consultation group, which will directly inform the work of the review and provide a larger forum for expert discussion. Meanwhile the advisory body has said there will also be further chance ‘for all to engage formally with this review’ later this year.

Given the broad remit of the review and significant impact that its recommendations may have on the litigation funding industry, litigation funders, lawyers and clients would be well advised to make the most of these opportunities to contribute to the review.

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Woodville Collapse Deepens as Administrators Probe £249M in Loans and Misapplied Investor Funds

The administration of Woodville Consultants, the litigation funder that helped bankroll the wave of UK motor-finance claims, is proving more consequential than its modest headcount suggested, with administrators now examining hundreds of millions of pounds in outstanding loans and the possible misapplication of investor funds.

As reported by Legal Futures, Woodville had funded more than 300,000 claims since 2019 and carried some £249 million in outstanding loans at the point of collapse — figures that stand in stark contrast to its staff of roughly 10. As many as six law firms are understood to be affected.

The funder's model required fixed quarterly returns and fixed repayment dates without reference to actual case recoveries, an arrangement fundamentally misaligned with the uncertain timelines of litigation. That mismatch became untenable once the Financial Conduct Authority's motor-finance redress scheme was suspended, leaving the underlying claims effectively on hold and cutting off the repayments Woodville expected from partner firms.

Administrators are now investigating how the company funded quarterly returns and redemptions to loan-note holders before its collapse, alongside potential wrongdoing and the misapplication of investor funds by directors and introducers. Joint owners Peter Legge and Ann Marie Bell opposed the administration order.

The failure follows a familiar pattern. Fenchurch Legal entered administration in April 2026 and Katch Fund Solutions in December 2025, both citing the prolonged resolution of motor-finance claims — underscoring the sector-wide strain the FCA's redress delays have placed on funders exposed to those cases.

Uber’s New Litigation Funding Terms Would Hinder Accountability, Commentary Argues

Uber's revised terms of service — which require users who sue the company to disclose their litigation funding agreements and to waive attorney-client privilege and work-product protection over communications with funders — are legally vulnerable but could still deter funders from backing claims against the ride-hailing giant, according to new legal commentary.

As reported by Bloomberg Law, Brianne Holland-Stergar of the University of Montana School of Law contends that the provisions rest on shaky legal footing. Courts have extended work-product protection to funder documents, particularly those reflecting attorney opinions, and burying the terms within a 14,000-word clickwrap agreement is unlikely to extinguish a user's reasonable expectation of confidentiality. The commentary argues the clause could also face unconscionability challenges.

Even if the terms would not survive a court test, the analysis warns they may achieve their aim in practice. With the litigation finance market having reached an estimated $20 billion by 2025, funders weighing where to deploy capital may simply avoid cases likely to become entangled in enforcement disputes — an aversion sharpened by mounting political opposition through state-level bans and congressional scrutiny.

Holland-Stergar frames the stakes in terms of accountability rather than consumer protection. Citing Uber's prior efforts to curtail litigants, she argues the tactics appear aimed at discouraging suits against the company, including cases brought by more than 3,000 individuals alleging sexual assault. The result, the commentary concludes, would be a chilling effect on meritorious claims that depend on outside capital to reach court.

Nera Capital Secures £75 Million Funding Commitment for UK, EU and US Investment

Nera Capital has secured a new £75 million funding commitment, capital the litigation funder will deploy across three strategic initiatives spanning the United Kingdom, continental Europe and the United States.

According to a press release from Nera Capital, the commitment reflects the firm's focus on financing claims with strong legal merit and substantial economic impact, and reinforces investor confidence in the litigation finance sector.

A significant portion of the capital will support a growing portfolio of personal injury claims in the United States, where Nera Capital continues to expand through partnerships with specialist American law firms. The investment is intended to provide claimant firms with the capital required to pursue those cases efficiently, while helping injured individuals access justice without bearing the cost of lengthy litigation.

The funding will also be allocated to one of Europe's largest competition litigation matters — a €12 billion antitrust claim in Portugal. The claim is expected to involve thousands of businesses and consumers affected by alleged anti-competitive conduct, with the financing covering the legal costs required to progress the case through the Portuguese courts.

In the United Kingdom, part of the new capital is dedicated to the next phase of motor vehicle finance litigation following the Court of Appeal decision in Angel v Black Horse. That judgment confirmed that large volumes of claims can proceed using omnibus claim forms, improving procedural efficiency for claimant firms pursuing undisclosed commission claims. Nera Capital is working with leading claimant firms to finance those omnibus strategies, providing disbursement funding and operational support to manage claims at scale.

A spokesperson for Nera Capital said the commitment "demonstrates continued investor confidence in both our underwriting model and the long-term opportunities within Nera and litigation finance," citing exceptional demand across multiple jurisdictions. "Our role is to provide law firms with the financial resources they need to pursue meritorious claims, allowing individuals and businesses to access justice irrespective of their financial circumstances."

Established in 2011 and headquartered in Dublin with offices in Manchester and the Netherlands, Nera Capital is a member of the European Litigation Funders Association.