Public Funding of Multi-Party Litigation

Abstract

This paper examines some high profile publicly funded multiparty claims in England which resulted in large scale wastes of resources due to inadequate screening by the Legal Services Commission and its predecessor. This paper observes the cost-raising self-interested behaviour of solicitors and claimants funded by legal aid where there is no risk of an adverse decision. This paper suggests that a public interest litigation fund be established for group claims in England similar to that of the class action fund maintained by the Canadian province of Ontario. This should support claims that have a broader interest to society while limiting the legal aid budget's exposure to costs through unmeritorious lawsuits.

Keywords: Class Actions, Group Claims, Legal Aid, Costs