Recent Developments on Funding Arrangements in the UK -
The Court of Appeal in England & Wales, in its powerful judgment in Sony Interactive v Neill and Ors [2025] EWCA Civ 841 (Sony v Neill) of 4 July 2025, unanimously dismissed a challenge to the validity of litigation funding agreements (LFAs) which provide for payment based on a multiple of the capital deployed or committed in the relevant proceedings. Had the appeal succeeded, such agreements would have been rendered invalid, causing chaos for the litigation funding industry. It remains to be seen whether the judgment will be appealed to the UK Supreme Court. At the same time, the Civil Justice Council (CJC) of England & Wales published its much-anticipated report on litigation funding, which makes 58 recommendations and urges immediate reform.
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