December 3, 2025
1 America SquareLondon, UKPreliminary Agenda
Provisional Start & End Times
December 3rd: 8:00am - 5:30pm
Agenda Topics
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Market Growth & Maturity: The Current State of the Litigation Funding Market in Europe
- Has the market reached maturity? Is the market oversaturated?
- What has market growth looked like over the past year? What's projected for 2026 and beyond?
- How is regulatory uncertainty impacting the market? Have concerns around the PACCAR decision let to a lack of investment?
- Can we expect to see consolidation?
- Macro-Economic Forces: What impacts are interest rates and tax changes having on the market?
- What new products and fund structures are emerging to disrupt the market?
- What type of cases are the most prominent? Single cases, portfolios, monetisation, acceleration?
- How are funders offering bespoke solutions tailored to corporate clients?
- How is the Collective Redress and Group Litigation market impacting the broader funding arena?
- What’s behind the recent influx of U.S. backed funds joining the fray?
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Rewriting the Rules: Exploring The CJC’s Vision for the Future of Litigation Funding
- Legislative Reversal of PACCAR: Will there be a legislative fix around damaged based agreements?
- Can there be proportional regulation to ensure funder accountability without stifling innovation or access to justice?
- The importance of distinct regulations for funders and legal representatives
- Balancing transparency while conserving confidentiality concerns
- Judicial Discretion: The CJC rejects fixed limits on funders’ profits
- Proposing stronger protections for vulnerable claimants with clearer terms and oversight in group actions
- How will proposed changes impact the future structure of funding arrangements?
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Collective Momentum: Legal Frameworks and Procedural Innovation in Group Actions
- How are Member States diverging in their implementation, and what does this mean for cross-border consistency?
- How the CAT is shaping the landscape for opt-out competition claims and setting procedural precedents
- Strategic use of Group Litigation Orders (GLOs), CPR 19.8 representative actions, and their evolving jurisprudence
- Opt-In vs. Opt-Out Models: Legal implications, claimant engagement, and the impact on case management and funding
- Forum Shopping: How are procedural advantages, cost rules, and judicial attitudes influencing jurisdictional strategy?
- La Patourel v BT: Lessons from the CAT’s dismissal and the implications for excessive pricing claims and procedural thresholds
- How courts are balancing access to justice with procedural rigor in certifying group actions
- Exploring emerging procedural hybrids that blend features of opt-in and opt-out systems to address complex claims.
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Collective Momentum: Funding Strategies and the Future of Mass Claims
- How funders are structuring deals to support large-scale claims while managing pressure around disclosure, control, and returns
- How climate accountability and sustainability claims are driving new forms of collective redress—and new risks for corporate defendants
- How Germany, Spain, and others are testing the boundaries of collective privacy litigation
- The Role of EC-REACT and the Representative Actions Directive: How EU-level enforcement tools are reshaping the funding landscape
- How the opt-in vs. opt-out model choice affects claim volume, cost predictability, and funder appetite
- The use of AI, data analytics, and digital platforms to identify claimants, manage claims, and assess risk
- Retail and Crowdfunded Litigation: The rise of alternative funding models and their implications for access to justice and funder regulation
- Will the AI Liability Directive and revised Product Liability Directive trigger a new wave of tech-focused group actions?
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Litigation Funding’s Expansion Across Continental Europe
- Exploring consistency and investor protection issues due to regulatory differences in various justifications
- Will there be a general EU legislation to ensure responsible funding practises, transparency, and safeguards for claimants?
- Civil Law vs. Common Law Cultures
- How the EU Damages Directive has encouraged litigation funding by clarifying liability rules and access to evidence - especially in cartel and abuse of dominance cases
- Navigating the patchwork of underwriting standards and enforceability rules across Europe
- How should investors approach deploying capital in different jurisdictions without in-dept knowledge of the local market?
- How has international arbitration, especially in investment disputes, become a key entry point for funders in civil law jurisdictions?
- How is the EU Collective Redress Directive accelerating adoption by creating more viable claim structures for funders?
- Switzerland and Beyond: Non-EU jurisdictions are seeing increased funding activity, highlighting the need for cross-border coordination and best practises
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Insuring the Risk: Evolving Insurance Solutions in European Litigation Finance
- How are European funders using contingent risk insurance to de-risk portfolios? How does this offer protection against adverse rulings or enforcement failure?
- Using Judgment Preservation Insurance (JPI) as a tool to protect funders and claimants from appellate reversals.
- ATE Insurance 2.0: Staged premiums, portfolio coverage, and hybrid structures
- Navigating complex jurisdictional rules when structuring cross-border policies, particularly around enforceability, public policy exceptions, and regulatory approvals
- Capital Protection Insurance: Using insurance to enhance funders’ capital efficiency
- How insurers are partnering directly with funders to co-develop bespoke products, including adverse costs cover, enforcement risk insurance, and monetisation of pending claims
- What defendant side contingent products are insurer’s using?
- What are the impacts of clients going directly to insurance companies in an effort to avoid the high cost of funding?
- Are regulators paying closer attention to disclosure obligations, conflicts of interest, and the insurer’s influence on litigation strategy?
- What are jurisdictions like the Netherlands, Germany and France seeing with innovations in insurance-backed funding models?
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Client Strategy: Evolving Law Firm Portfolios and the Strategic Deployment of Litigation Funding in Europe
- Exploring the factors behind increased engagement with litigation funding by top-tier firms across the UK and EU. What’s needed to sustain this momentum?
- How litigation finance is being used to enhance profitability, expand practise areas, and support client acquisition in competitive legal markets
- How are corporates monetizing legal assets to unlock capital, particularly in cross-border and arbitration contexts?
- Will corporate monetisation scale in Europe?
- How are law firms talking to their clients about litigation funding?
- Understanding how non-recourse structures are being used in European jurisdictions and the legal considerations funders and firms must navigate
- What’s working—and what’s not?
- Funding a claim on behalf of the government
- What concerns are typically raised by law firm general counsel and risk committees when evaluating funding arrangements?
- How funders are designing bespoke, jurisdiction-sensitive funding models to meet the needs of sophisticated European claimants
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Institutional Investor Strategies for Entering and Exiting Litigation Finance in Europe
- Entry routes for investors: direct case investments, fund commitments, co-investment vehicles, and secondary market acquisitions
- What investors need to know about legal frameworks, enforceability, and regulatory clarity across European jurisdictions
- Exploring funder track records, underwriting discipline, and case selection methodologies
- Liquidity and Exit Options: Fund interest transfers, claim monetisation and structured exits
- Examining the limited but growing secondary market for litigation finance assets
- How are investors aligning litigation finance allocations with broader portfolio strategies?
- Can the emergence of securitised litigation portfolios and syndicated funding structures be used as tools for scaling exposure and managing risk?
- Understanding how litigation assets are valued at entry and exit
- What is the role of third-party assessments in supporting transparency and investor confidence?
- How are institutional investors managing regulatory and reputational risk?
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Streamlining Processes, Improving Decision Making and Enhancing Outcomes Through the Use of Technology and AI
- How are AI algorithms and Natural Language Processing (NLP) being used to analyze past case outcomes, legal precedents, and court decisions to predict the likelihood of success and potential financial returns?
- Using machine learning models and historical data analysis to evaluate factors around jurisdiction, legal team performance and case complexity
- Using AI-powered tools to effectively and efficiently manage your portfolio
- Estimating the costs involved in a case, automating administrative tasks and reducing operational costs with technology
- Detecting fraud by applying AI to identify unusual patterns or discrepancies and enhancing due diligence
- Sentiment analysis and scenario modeling
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Is There Enough Deal Flow? What’s Driving Investment in European Litigation Finance?
- Can the current volume and quality of claims across Europe support the growing pool of capital entering the market?
- Investor preferences: Direct investments, pooled funds, listed vehicles, co-investment platforms, and hybrid models tailored to jurisdictional risk
- Identifying high-growth areas such as collective redress, arbitration, ESG litigation, and monetisation of legal assets in civil law jurisdictions
- What keeps investors cautious? What are current challenges and headwinds for raising funds?
- What metrics and due diligence criteria are most relevant when assessing funders and platforms in a fragmented European market?
- What kind of returns are achievable —and how do they compare to U.S. benchmarks or other alternative asset classes?
- How are large awards, successful arbitrations, and collective settlements influencing investor sentiment?
- How are funders using debt, preferred equity, and structured finance to raise capital more efficiently and appeal to a broader investor base?
- What’s behind the influx of capital coming in from US debt funds?