Litigation Funding For Public Law Claims; What Is Its Feasibility And What Is Its Effect On The Public Law Principles Of Aoteroa?

Abstract

Litigation funding is prominent in many parts of the world but not in New Zealand. This is likely to change in the coming years and this paper inquires into how the practice interacts with public law. Initially, this paper looks at how feasible litigation funding for public law claims is by investigating the extent to which a selection of claims are monetizable. Ultimately, the tort of negligence is found to be the most viable for litigation funding. After, the investigation focuses on how litigation funding for public law claims affects the right to justice, the public interest, and the arguments for state liability. In conclusion, although access to justice is enhanced by litigation funding, the practice is detrimental to the public interest and makes it inappropriate to hold the state liable. It is undesirable in this way to let the commercial world erode some of the core principles of public law.