News November 2021

While collective redress mechanism and third-party litigation funding (TPLF) are meant to have a positive impact for consumers in facilitating the access to justice, there is the risk – if no sufficient safeguards are put in place –, that private funders’ interests (esp. their interest in commercial profit) may be disconnected from – or even opposed to – consumers’ interests. Concrete examples can be seen in the US or in Australia. Also in Europe, such cases are meanwhile increasing and tend to spread.