Third Party Litigation Funding
English-law practitioner text on funding agreements.
Summary
The reference has not verified this book in detail; the summary states only what the title, author and subject establish.
Nicholas Rowles-Davies and Jeremy Cousins wrote this practitioner text on third-party litigation funding under English law, covering the commercial and legal framework for funding claims in exchange for a share of recovery.
The subject matter includes the historical doctrines of maintenance and champerty and their modern narrowing; the regulatory position including the voluntary code administered by the Association of Litigation Funders; the structure and terms of funding agreements; the interaction with conditional fee agreements, damages-based agreements and after-the-event insurance; the disclosure and privilege questions that arise when a funder is involved; security for costs applications against funded claimants; and the application of funding to insolvency claims, arbitration and group litigation.
The reference has not verified this book's contents in detail. It is jurisdiction-specific and predates significant later developments including the Supreme Court's PACCAR decision in 2023, which held that certain litigation funding agreements were damages-based agreements and therefore unenforceable unless compliant with the relevant regulations, a ruling that disrupted the English funding market substantially.
Key takeaways 6
- Third-party funding converts a legal claim into a financeable asset separate from the claimant's other resources.
- Maintenance and champerty doctrines that once prohibited funding have been narrowed but not abolished in English law.
- Funding agreements must address control of settlement decisions explicitly, since the funder's and claimant's interests diverge there.
- Security for costs applications against funded claimants are the principal defensive response available to respondents.
- The English market operated under a voluntary code rather than statutory regulation.
- The book predates the PACCAR decision, which disrupted the enforceability of English funding agreements substantially.
Who should read it
English litigation practitioners and funders wanting a jurisdiction-specific text, with the caveat that this entry is not verified and the law has changed.
Where it sits in the reference 2
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