Deminor Wiki - Claimants

History

In early common law, the right to bring a claim was often restricted by status, property ownership, or other qualifications. Over time, legal reforms expanded access to justice, allowing a broader range of individuals and entities to assert claims in a court. The procedural rules governing claimants have also developed, with modern civil procedures emphasising clarity, fairness, and efficiency in the initiation and conduct of claims.

Role and Rights of Claimants

The claimant’s legal team formulates the claim, setting out the legal basis for the action and the remedy sought. This may include damages, injunctions, declarations, or other forms of relief. The claimant must comply with procedural requirements, such as pre-action rules, service of claim forms, and disclosure obligations.

Key rights of claimants include:

• Access to the Courts: The right to bring a claim before a competent court or tribunal.
• Right to a Fair Hearing: The right to have the claim determined impartially and in accordance with due process.
• Right to Legal Representation: The ability to instruct solicitors, barristers, or other authorised representatives.
• Right to Appeal: In many cases, the right to appeal an adverse decision to a higher court.

Claimants should also bear certain responsibilities, including the duty to act honestly, to disclose relevant information, and to avoid bringing frivolous or vexatious claims.

Litigation Funding Context

The financial burden of litigation has historically been a significant barrier for many potential claimants. The rise of litigation funding (whereby a third party finances the costs of litigation in exchange for a share of any recovery) has transformed the claimant’s position. Litigation funding enables claimants to pursue meritorious claims that might otherwise be unaffordable, particularly in cases involving complex commercial disputes, competition law, or mass torts.

The availability of litigation funding has increased the bargaining power of claimants, facilitated access to justice, and contributed to the growth of collective actions and group litigation.

Claimants in the Broader Industry

Claimants are at the heart of the civil justice system, driving the demand for legal services, funding, and dispute resolution mechanisms. Their actions influence the development of substantive law, procedural rules, and market practices. The increasing sophistication of claimants, particularly in commercial and collective litigation, has led to the emergence of new business models, partnerships, and regulatory challenges.

In the context of litigation funding, claimants are both beneficiaries and participants in a rapidly evolving market. The alignment of interests between claimants, funders, and legal representatives is critical to the success of funded claims.