The Forum provided an opportunity for attendees to explore the timeliness of ELI’s Principles (available here), the challenges faced by the industry and the proposals put forward by ELI.

The Forum, which was chaired by Lord John Thomas (Member of the House of Lords of the United Kingdom, former Lord Chief Justice of England and Wales and former President of the European Network of Councils of the Judiciary), brought together representatives from Supreme Courts, regulators, leading litigation funders as well as academia.

The full list of participants is available here.

Participants heard from Andréas Stein (Head of Civil Justice Unit, Directorate General for Justice and Consumers, European Commission), who provided an overview of ongoing legislative efforts. Insights into the European Commission’s study on mapping Third-Party Litigation Funding (TPLF) and the work of its newly established High-Level Group on Justice for Growth, which addresses TPLF alongside other significant issues, were provided.

Participants also heard from Dame Sara Cockerill (Judge of the High Court of England and Wales, Judge in Charge of the Commercial Court 2020–2022), who presented ELI’s Principles.

Among other topics raised by experts and practitioners, who welcomed the ELI Principles, were the evolving dynamics of the TPLF market and the challenges associated with regulating a sector that varies significantly across jurisdictions. They highlighted the relationship between TPLF and access to justice noting that, while TPLF can provide financial support for litigation, it does not fully resolve the broader issue of access to justice.

Discussions also touched on the historical origins of TPLF in Europe, concerns about potential conflicts of interest between funders and clients – with experts emphasising the importance of addressing these risks through transparent funding agreements – pro bono services, public funding, sanctions and fines. Finally, the debate on enforcement mechanisms was another key focus.

ELI would like to express its gratitude to the Reporters of the Principles, Dame Sara Cockerill and Prof Susanne Augenhofer (Professor at Universität Innsbruck and Visiting Professor and Senior Research Scholar in Law, Yale Law School), as well as to all those who attended the event. Their input is valued and will be reflected upon.