Contract terms and professional rules take the front line
Uber's new funder-disclosure clauses in rider and driver agreements have drawn immediate pushback, the SRA's proposed rules would ask law firms to interrogate the funders they use, and Ohio joined the small but growing US caucus placing litigation finance under state control.
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Burford's £29 million commitment to the £4.5 billion UK housebuilders opt-out claim carried into another week of new funding coverage. But two contractual and regulatory developments dominated. Uber added provisions to its rider and driver agreements requiring claimants to disclose litigation funders, produce funding agreements and waive privilege over funder-related communications — a move critics warned, in Bloomberg Law's reporting, could deter backing for thousands of sexual assault, wage and other claims. The SRA proposed new rules for law firms using litigation funding, requiring firms to provide clients with a prescribed "funding information document" and to maintain a "funding risk assessment", covered by Legal Futures and the Law Gazette.
Gian Kull of Legal Asset Servicing described the rules in a widely-shared LinkedIn post as telling law firms to start interrogating their funders, explaining that firms would be expected to assess a funder's capital adequacy and liquidity before signing, gather evidence of funding history and credit standing, monitor the relationship on an ongoing basis, and keep an audit trail proving the firm's independence was never compromised. In the United States, Ohio Governor Mike DeWine signed a litigation finance bill requiring funders to register with the state and disclose funding agreements to the attorney general, prohibiting funders from influencing how lawsuits are handled, and banning foreign litigation funders from doing business in the state. North Carolina remains the only state to have fully banned litigation funding, though proponents of the legislation are already calling it a gold standard for tort reform and urging other states to follow.
The insights were unusually pragmatic. The team at Nera Capital explained why the England and Wales Court of Appeal's recent motor finance ruling strengthens the viability of omnibus claims and improves the economics of mass litigation. A Burford Capital and The Lawyer survey of senior UK lawyers found that 67% believe strong claims often go unpursued because of cost or risk, 85% consider legal finance and other risk-transfer tools to improve litigation decision-making, and 73% report direct experience with legal finance. Jeremy Sher and colleagues at DLA Piper examined a High Court ruling allowing 103 Brazilian claimants to pursue environmental claims against UK-domiciled companies in England, after the Court found that difficulties obtaining funding and legal representation in Brazil created a real risk that they could not otherwise secure substantial justice. Chloe Lettington of Clifford Chance compared the evolution of litigation funding in the UK and Australia, arguing that the UK is moving toward a more mature market — tighter judicial scrutiny of funder returns, consolidation among funders, tougher certification standards — even as a potential PACCAR reversal and expanded collective proceedings could unlock more claims. John Shu argued that proposed US reforms, including a 41% tax on funder returns and broad disclosure requirements, would do little to curb abusive mass torts while threatening donor privacy and access to funding for individuals and public-interest groups.