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20 October 2017
Issue: 7766 / Categories: Features , Profession , Costs
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The evolution of third party funding

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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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MOVERS & SHAKERS

Haynes Boone—Jeremy Cross

Haynes Boone—Jeremy Cross

Firm strengthens global fund finance practice with London partner hire.

DWF—Stephen Webb

DWF—Stephen Webb

Partner and head of national planning team appointed

mfg Solicitors—Nick Little

mfg Solicitors—Nick Little

Corporate team expands in Birmingham with partner hire

NEWS
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts

An engagement ring may symbolise romance, but the courts remain decidedly practical about who keeps it after a split, writes Mark Pawlowski, barrister and professor emeritus of property law at the University of Greenwich, in this week's NLJ

Medical reporting organisation fees have become ‘the final battleground’ in modern costs litigation, says Kris Kilsby, costs lawyer at Peak Costs and council member of the Association of Costs Lawyers, in this week's NLJ
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