Litigation funders have said the sector is facing a “moment of reckoning” after a court ruling, with some blaming the lack of action from the UK government.
Last week, the Court of Appeal lifted a ‘stay’ on several appeals from the Competition Appeal Tribunal that had funders using the ‘multiple approach’ for their investment.
The ‘multiple approach’ occurs when a funder evaluates a potential investment by comparing its value to similar companies in the same industry.
The court is now set to consider whether or not they can continue to fund cases through this approach. The stay in this case, which includes Apple, Sony and Mastercard, was lifted due to the inaction of the government.
Last year, the Supreme Court ruled in the so-called PACCAR case, the litigation backing this claim did not have the correct financial arrangements to support the court’s actions properly.
The case, known as PACCAR, one of the several European truck manufacturers defendants, sued over allegation they infringed competition law.
This ruling threw the litigation funding industry into a state of uncertainty.
Last August, the newly-appointed Labour government pushed the Litigation Funding Bill back until a review was concluded which may not be until at least this Summer.
One funder has told City AM that “this is a moment of reckoning for the sector.”
“The government’s refusal to even signal how it plans to solve this simple problem is helping defendants try to lock the door on access to justice for people like the subpostmasters,” they added.
While another funder stated: “The UK has a world-leading legal sector, but it’s making it incredibly challenging for us to back new cases in the market right now.”
“It’s just easier for us to invest elsewhere,” they warned.
Back in December, the chief executive of London-listed legal financial firm Burford Capital told City AM it was rolling back on using London’s dispute resolution due to “uncertainties” as a result of government delays.
Chris Bogart said the government’s delays raised questions about the “suitability of London as a destination of choice for legal issues”.