Litigation funding can create power for social change:
Litigation funding can promote social justice by providing access to justice for individuals and groups who may otherwise not have the financial resources to pursue legal action.
It can level the playing field by allowing underprivileged or marginalised individuals and communities to seek compensation or fight for their rights against powerful entities.
Access to Legal Representation: Litigation funding can help bridge the gap between those who can afford legal representation and those who cannot. It provides financial resources to individuals and organisations to hire competent lawyers and pursue their legal claims, irrespective of their financial status.
Equalizing Power Dynamics: In many cases, individuals or small organisations may be pitted against large corporations or institutions with significant resources. Litigation funding can help balance the power dynamics by enabling the weaker party to mount a strong legal defence or initiate legal action, thus holding powerful entities accountable.
Public Interest Litigation: Litigation funding can support public interest litigation (PIL) cases that address more significant social issues or seek systemic change. These cases often involve advocating for the rights of marginalised communities, environmental protection, human rights, and other social justice causes. By financing such claims, litigation funders contribute to pursuing justice beyond individual interests.
Deterrence and Accountability: The availability of litigation funding can act as a deterrent against unlawful practices or behaviours. Knowing that underprivileged individuals or groups have the financial means to pursue legal action can encourage potential wrongdoers to think twice before engaging in unjust activities. This, in turn, promotes greater accountability and fairness within society.
Precedent-Setting Cases: Litigation funding can support landmark cases, establish legal precedents, or influence policy changes. By funding high-impact cases, litigation funders can help shape the legal landscape and contribute to social justice reforms.
Transparency and ethical guidelines are crucial to ensure that litigation funding remains aligned with the pursuit of justice and the public interest.