Current Problem
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Bates and Others v The Post Office [2017] EWHC QB 2844, [2018] EWHC QB 2698, [2019] EWHC QB 606, [2019] EWHC QB 2871, [2019] EWHC QB 1373, [2019] EWHC QB 3408.
The legal case was successful resulting in a settlement of £57.75 million. However of the £57.75 million ONLY 12 Million became eligible for the individual claimants. In turn that lead to £20,000 payments to claimants rather than £90,000 per claimant. A reduction of £70K per claimant. Further the taxpayer had to foot the bill[ GLO]. -
Equality of Arms is meant to mean " equal war chests to fund litigation”. In multiple instances this unfortunately does not occur. Depending on the type of claimants there is a typically a large gap between the funding parties:
Ad Hoc Group of Borrowers v. Celsius Network LLC [ Adversarial proceeding between a set of normal individuals and White & Case the Billion dollar law firm]Ad Hoc Group of Custodial Account Holders v. Celsius Network LLC et al
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Access to Justice has become a lot more difficult for individuals.
Take the following proposition:
Individual A loses out of 1000’s of USD{through the bankruptcy of a third party}
Individual A tries to interface with:
The Police
The bankruptcy estate
The regulators
Lawfirms
Distressed Investors
The Media[Legacy and otherwise]
The US trustee
Individual A is still struggling to get their money back as of 2025.
A similar issue is indicated in VETON VEJSELI, BRETT PERRY, andCHRISTOPHER VILLINGER,
Plaintiffs,
v.
IONIC DIGITAL, INC.,
Defendant.
There are countless other reasons why Litigation funding market needs to be improved and these can be found in:
Interim report