Is the Litigation Funding Agreements (Enforceability) Bill heading for a judicial review?

There’s already talk of a judicial review, too, with concerns the bill could be applied retrospectively, which could significantly impact even some current cases.

Some argue the bill is just, others that it will violate human rights law, and many that much of it hasn’t really been thought through but is rather a hasty reaction to the Supreme Court’s PACCAR ruling last year.

Whatever the final form of the bill looks like - bearing in mind there’s a chance we might not see Royal Assent before an election is called - the most important consideration and critical outcome is that victims retain access to justice. 

Imagine a system where the victims and families of those affected by the Horizon scandal had no course for redress because they couldn’t afford to take legal action. Not to mention all those cases that aren’t so “David v Goliath” that we’ll never hear about unless we dig deeper into court papers and reporting.

We’re all continuing to watch this space closely, particularly around the potential for retrospective actions, while continuing to support legal firms who are working hard to secure financial justice for their clients.

What are your thoughts on the Litigation Funding Agreements (Enforceability) Bill and the potential directions of travel as it makes its way to becoming law?

‍