Have litigation funders been chasing a busted flush?

On the surface, litigation funding and class actions are booming in the UK. Over the past five years, dozens of class actions have been filed in the Competition Appeal Tribunal (CAT) and just at the start of this month, a new £5bn action was filed against Google. The 60 cases now in the CAT are said to be worth more than £160bn. And they are all backed by a litigation funder.

But with the judgment in Merricks v Mastercard this month seeing funder Innsworth lash out at the CAT over an “unfair” result, with class actions yet to bring any substantial returns, and with the result of the Civil Justice Council’s review into litigation funding not far away, litigation funders might be having an existential crisis.

So on this episode of The Lawyer Podcast, Catrin and Christian are joined by deputy litigation editor Annabel Tinson to explore whether funders are chasing a busted flush, and if the class action regime is proving a bit of a dud.

To listen to February’s episode about the Merricks v Mastercard case, click here.

To read The Lawyer’s recent coverage of the Merricks v Mastercard case, click here and here.