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Portfolio funding should be FCA-regulated, UK litigation funding review finds

By Phoebe Seers ( June 2, 2025, 16:14 GMT | Insight) -- Portfolio funding — the funding of a group of legal cases, as opposed to litigation funding, which funds a single, specific case — should be regulated as a form of loan by the UK financial markets watchdog, a report has said. The Civil Justice Council’s Working Party on Litigation Funding has also recommended legislation to overturn a 2023 Supreme Court decision that effectively rendered most litigation funding agreements unenforceable, as well as a “light-touch” regulatory approach for litigation funding, overseen by the justice minister rather than by the Financial Conduct Authority — at least for now.Portfolio funding — the funding of a group of legal cases — should be regulated as a form of loan by the UK financial markets watchdog, a report on litigation funding has said. Regulation should require funders to comply with anti-money laundering regulation and to have sufficient capital adequacy, the Civil Justice Council’s Working Party on Litigation Funding said today....

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