On December 20, 2016, Lord Hodgson of Astley Abbotts submitted questions for written answer to Her Majesty’s Government regarding the regulation of third party litigation funding (TPLF) and the effectiveness of the Consumer Rights Act. The questions read:
- Lord Hodgson of Astley Abbotts to ask Her Majesty’s Government whether, in the light of the rapid expansion of third party litigation, they plan to introduce statutory regulation of funders. HL4213
- Lord Hodgson of Astley Abbotts to ask Her Majesty’s Government whether it is the case that fewer than half the number of UK based firms, and no overseas based firms, have joined the Association of Litigation Funders; and what assessment they have made of the effectiveness of the voluntary code of conduct drafted by the Association. HL4214
- Lord Hodgson of Astley Abbotts to ask Her Majesty’s Government whether they have undertaken any consultation with consumer groups about whether consumers involved in the recent Mastercard court case were adequately protected by the provision of the Consumer Rights Act 2015. HL4215
- Lord Hodgson of Astley Abbotts to ask Her Majesty’s Government whether they plan to introduce regulations to ensure that third party litigation funders are subject to the same statutory duties and obligations as apply to law firms operating in the same field. HL4216
In June 2016, Lord Hodgson authored a piece in the Conservative Home which outlined the need for transparency in the litigation market, asserting that recent trends including “American-style pursuit of claims” and the self-regulated third party litigation funding industry have put the British civil justice system at risk.
