The Legal Framework
Litigation funding is permitted under statute, case law and public policy in the United Kingdom. The Jackson reforms of English commercial litigation came into force on 1 April 2013. As part of that wholesale review of the funding of litigation in England and Wales, there has been widespread recognition that litigation funding promotes “access to justice” by enabling litigants to manage their own personal exposure to costs and the inherent risk of losing a case.
Lord Justice Jackson, who led the Civil Litigation Costs Review published in 2010 that led to the reforms, approved of litigation funding as an option for funding cases and recommended self-regulation for the industry.
As our funders are based in the UK, they are not permitted to exercise any control over the litigation they are supporting. That said, it is a recognised fact that the provision of providing capital to another who are litigating cases is not the control of, or controlling a case. That established, the funder must not get involved in settlement negotiations, or cause the litigant’s lawyers to act in breach of their professional duty. At all times the role of funders, litigants and their lawyers are separate.
Association of Litigation Funders (ALF)
Legal Claim Funder Ltd are currently not members of ALF, however do acknowledge that a code of conduct is available to all. Being aware of this code of practice and having considered it LCF have no reason to contest it and accept that it is a foundation to operate its business on and will assent to the published code in all dealings with consumers that the company engage with.
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