In this episode of On Just Terms, Jason Betts and Melissa Gladstone continue their conversation with Stuart Price, CEO of CASL, focusing on the practical realities of litigation funding.

The discussion examines how funders balance commercial returns with fairness to group members, manage competing stakeholder interests, and respond to evolving market dynamics, including contingency fees, legal finance models and emerging technologies shaping the future of complex litigation.

This is the 36th episode of our series of commercial litigation update podcasts. In this episode we discuss class actions, AI, a number of privilege cases including one of the most important decisions in that area in the past few years, and an interesting decision on service of proceedings. This episode is hosted by Maura McIntosh, a knowledge counsel in our commercial litigation team, who is joined by Julian Copeman, a disputes partner, and Tracey Lattimer, a knowledge lawyer in our disputes team.

Below you can find links to our blog posts on the developments and cases covered in this podcast.

• Law Commission to consider introduction of opt-out consumer class actions regime
• Cross-examining AI – Episode 1: Civil Justice Council AI consultation and latest developments in AI and privilege
• US courts find privilege applies to use of public AI tools by self-represented litigants
• Upper Tribunal finds privilege applied to whether Boris Johnson sought legal advice on the lawfulness of the Covid-19 lockdown
• High Court finds company could not assert privilege against former director over legal advice she had seen at the time
• High Court finds legal advice privilege is not limited to lawyer/client communications but extends to "intra-client" communications
• Court of Appeal finds English courts lack jurisdiction over sanctioned individual who is not permitted to enter the UK

See podcast episode transcript here.

In this episode of On Just Terms, Jason Betts and Melissa Gladstone speak with Stuart Price, CEO of CASL, about the role litigation funding plays in Australia’s corporate risk landscape.

The conversation explores how funders assess and select cases, the legal and commercial factors that influence funding decisions, and what these dynamics mean for companies facing complex litigation. Stuart also shares insights into how risk appetite, case selection, and regulatory settings continue to shape the evolving litigation funding market.