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29 September 2023
Issue: 8042 / Categories: Features , Profession , Litigation funding
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How to get your cases funded

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Maurice MacSweeney explains the main elements funders take into consideration
  • There are four factors funders look at when assessing whether or not they are going to fund a case.
  • While lawyers will often start by looking at merits, a litigation funder’s primary concern is to recover its investment, and wherever possible also obtain a return on that investment.
  • Lawyers should always be realistic and conservative about both the value of the case and the budget needed to bring it to a successful conclusion.

Getting a litigation funder to support a case may seem like a daunting task but in reality there’s no great mystery to how they review cases. In the first instance just pick up the phone to your funder to explain the case, and they should quickly give you a sense whether the claim is one which could potentially be investible.  A quick conversation early on, even on a no names basis, can save a lot of unnecessary work later. If you don’t know funders, any member

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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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