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The evolution of third party funding

20 October 2017
Issue: 7766 / Categories: Features , Profession , Costs
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Litigation funding can help control costs & add value to the litigation process, says Sergei Purewal

  • The growth and establishment of litigation funding.
  • Paying for litigation costs and managing risk.

If in a particular erudite game of trivial pursuit, about a decade or so ago, you were asked whether litigation funding by a third party in the UK was a part of the mainstream consideration for litigation costs, your answer almost definitely would have been: ‘What is third party litigation funding?’

Litigation funding, and its emergence as a professional market, developed outside of the UK in a common law jurisdiction largely within the insolvency sector. In many civil law jurisdictions, an outright assignment of a claim to a third party has always to an extent been legally possible. Despite some corners of the legal profession believing otherwise, the days of applying the principles of maintenance and champerty have not gone away. There are still checks and balances in place when it comes

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Early determination is no longer a novelty in arbitration. In NLJ this week, Gustavo Moser, arbitration specialist lawyer at Lexis+, charts the global embrace of summary disposal powers, now embedded in the Arbitration Act 1996 and mirrored worldwide. Tribunals may swiftly dismiss claims with ‘no real prospect of succeeding’, but only if fairness is preserved
The Ministry of Justice is once again in the dock as access to justice continues to deteriorate. NLJ consultant editor David Greene warns in this week's issue that neither public legal aid nor private litigation funding looks set for a revival in 2026
Civil justice lurches onward with characteristic eccentricity. In his latest Civil Way column, Stephen Gold, NLJ columnist, surveys a procedural landscape featuring 19-page bundle rules, digital possession claims, and rent laws he labels ‘bonkers’
Can a chief constable be held responsible for disobedient officers? Writing in NLJ this week, Neil Parpworth, professor of public law at De Montfort University, examines a Court of Appeal ruling that answers firmly: yes
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