Asked by: Lord Meston (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what plans they have to (1) implement the findings of the Civil Justice Council's Review of Litigation Funding (2 June 2025), and (2) legislate in response to R (PACCAR Inc and Others) v. Competition Appeal Tribunal [2023] UKSC 28, and by when.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
Asked by: Lord Meston (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the impact of increased third-party funded collective actions on (1) court capacity, (2) judicial workload, and (3) case duration.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
Asked by: Lord Meston (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government whether they intend to publish data on the total costs of third-party funded collective actions to the public sector.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
Asked by: Lord Meston (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what steps what they are taking to ensure that any policy they have on litigation funding does not lead to any inappropriate use of court time or resources.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
Asked by: Lord Meston (Crossbench - Excepted Hereditary)
Question to the Ministry of Justice:
To ask His Majesty's Government what consideration they are giving to implementing the recommendations of the final report of the Civil Justice Council for its review of litigation funding published on 2 June.
Answered by Lord Ponsonby of Shulbrede
The Government welcomes the Civil Justice Council review of litigation funding, which will help inform the approach to potential reforms. We will outline next steps in due course.