Background
Following the publication of the Consultation Paper in 2023, this project reviews whether the historic offences of maintenance and champerty should be retained or regulated and whether third-party funding should be permitted in Ireland, in light of its potential to expand access to justice, strengthen equality of arms, and enhance Ireland’s attractiveness as a litigation venue. The project also considers the policy concerns raised by legalising TPLF, including protections for vulnerable consumers, the risk of commodifying justice, increased costs, under-compensation, and speculative or vexatious claims, and explores how an appropriate regulatory framework could support a transparent, trustworthy and competitive TPLF sector.
Project
This project examines:
- Profit-motivated funding of litigation: The project looks at profit-motivated funding of litigation by otherwise uninterested third parties. Building on our Consultation Paper, the Report will consider whether this form of Third-Party Litigation Funding should be legalised in Ireland, and if so, how and by whom it should be regulated.
- Range of issues: The Report explores a wide range of issues including disclosure, conflicts of interest, termination of funding agreements, and funder control over proceedings. It also engages competing interests from access to justice, defendants’ interests, and the public interest in the courts and the administration of justice, with the commercial interests of funders.
- Comparative Jurisdictions: The Report analyses these issues in light of insights gained from stakeholders and recent developments in comparative jurisdictions, including England & Wales, Australia and Canada, and publications from the European Commission and European Law Institute.
Next steps
The LRC is currently finalising the Report with recommendations on Third Party Litigation Funding.
Documents
Consultation Paper on Third Party Litigation Funding, published in 2023
Updates
The Commission expects to publish its Report on this project in 2026.