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14 June 2010 / Neil Mirchandani
Categories: Opinion , Costs
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Appetite for destruction?

Has a reduced appetite for risk among investors following the recession, combined with proposals for restrictions on the activities of litigation funders supported by Lord Justice Jackson, sounded the death knell for third party funding of large scale commercial litigation in the UK?

Has a reduced appetite for risk amongst investors following the recession, combined with proposals for restrictions on the activities of litigation funders supported by Lord Justice Jackson, sounded the death knell for third party funding of large scale commercial litigation in the UK?
 
At the outset of the credit crunch it seemed that third party funding of litigation might emerge as a viable option for those investors looking for a new type of asset class. The theory went that hedge funds and institutional investors could agree to fund all or part of a claimant's legal costs in exchange for a percentage of any damages ultimately paid out. As the economic turmoil spread, many commentators were quick to point out that there was an

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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