Do the courts favour the party with the largest pile of chips?
The English Courts have expressly stated that “it is a principle of our law that every citizen has a right of unimpeded access to a court”. This is supplemented by the right to a fair hearing enshrined in article 6 of the European Convention of Human Rights.
Readers will be aware of the key role that litigation funding and the insurance market play in group litigation, assisting individuals who may have limited resources to pursue a claim. However, the imbalance between cost protection and access to justice has led to increased frustration for claimants, particularly in the context of funded group litigation.
Jonathan Tickner and Paul Johnson discuss in Legal Futures.