Is third-party litigation funding permitted? Is it commonly used?
Third-party litigation funding is permitted in Poland on the basis of the rule of freedom of contract. Since third-party litigation funding has not yet become popular in Poland, there are no court rulings that allow us to establish Polish courts’ attitudes towards third-party litigation funding. According to information provided by the leading Polish arbitration court - the Court of Arbitration at the Polish Chamber of Commerce in Warsaw - issues related to third-party funding have not yet arisen in arbitral proceedings held before it.Restrictions on funding fees
Are there limits on the fees and interest funders can charge?
Polish law does not lay down specific rules limiting the fees of third-party funders. If Polish law governs the funding agreement, funders and litigants may determine their legal relationship at their own discretion within the general limits of freedom of contract laid down by Polish law. These limits follow the nature of the contractual relationship, good customs and the provisions of law.Specific rules for litigation funding
Are there any specific legislative or regulatory provisions applicable to third-party litigation funding?
No specific legislative or regulatory provisions applicable to third-party litigation funding have been adopted in Poland.Legal advice
Do specific professional or ethical rules apply to lawyers advising clients in relation to third-party litigation funding?
No specific professional or ethical rules apply to lawyers advising clients in relation to third-party litigation funding. The rules of ethics applicable to qualified lawyers do not distinguish funders from other third parties. Lawyers are obliged to act in the best interest of their clients and may not be under any third-party influence, including that of funders. Lawyers may take instructions from their clients only. All information the lawyers obtain in relation to the case is confidential.Regulators
Do any public bodies have any particular interest in or oversight over third-party litigation funding?
According to publicly available information, so far, no public bodies, including the financial regulator and the Minister of Justice, have any particular interest in or oversight over third-party litigation funding.