Podcast: Litigation funding in practice - lessons from Australia and the UK

This episode explores how third-party litigation funding is reshaping the claims landscape, including the growth of funded litigation, emerging regulatory approaches, and the implications for insurers.

In this episode of our Insurance Emerging Risk podcast, host Neil Beresford is joined by Luke O’Kane, Partner at Clyde & Co in Sydney, and external guest Dr John Sorabji, Associate Professor at UCL, to examine the growth of third-party litigation funding and its implications for insurers.

The discussion explores how litigation funding has developed into a sophisticated global industry, providing financial support for claims while enabling claimants and businesses to transfer some of the costs and risks associated with litigation. The speakers consider the balance between improving access to justice and addressing concerns around the commercialisation of claims.

Drawing on perspectives from Australia and the UK, the panel examines the changing profile of funded litigation, including the expansion beyond traditional shareholder class actions into consumer, privacy, insolvency, ESG-related and medical device claims. They also discuss how increasingly well-resourced and strategically managed claims may affect insurers and corporate defendants.

Together, the speakers consider emerging approaches to regulation, transparency, capital adequacy and conflicts of interest, as well as the protections available to funded parties and defendants. They also look ahead to how greater regulatory scrutiny, market diversification and the continued sophistication of funders may shape the litigation landscape in the years ahead.

Please note this podcast was recorded on 21/09/26. References to regulatory updates and market commentary reflect the position at the time of recording.