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Litigation funding

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Unclaimed funds left after an opt-out collective action has settled should be given to a justice charity rather than reverting in full to the defendants, lawyers or funders, the Access to Justice Foundation (AJF) has recommended
CIArb has published the finalised version of its guideline on third-party funding, which aims to demystify the process for arbitration and other alternative dispute resolution practitioners
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
Litigation funding must be ethical, transparent & aligned with the interests of those it is meant to serve: Geoff Dover sets out a better way forward
The government is reviewing opt-out collective proceedings before the process has had a chance to ‘bed in’, a leading litigation lawyer has warned
People bringing collective actions should always instruct costs specialists to help them scrutinise their lawyers’ fees, the Competition Appeal Tribunal (CAT) has declared
Michael Brown & Harriet Campbell consider the future form for class actions in the UK
Michael Brown and Harriet Campbell of Penningtons Manches Cooper explore how recent rulings are reshaping group litigation in the UK, in this week's issue of NLJ
Litigation funders have seen off a legal challenge to funding agreements amended to take account of PACCAR

It’s a potentially billion-pound question: how should litigation funding be reformed? The Civil Justice Council (CJC) recently published its proposals, but will these come to pass? In this week’s NLJ, David Greene, NLJ consultant editor and senior partner at Edwin Coe, sets out the issues at play and suggests inspiration be sought from other jurisdictions such as the US, Hong Kong and Singapore

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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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