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26 May 2023 / Maurice MacSweeney
Issue: 8026 / Categories: Features , Profession , Litigation funding , Legal services
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Litigation funders: the key to unlocking growth?

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Maurice MacSweeney explains how funders are evolving beyond single-case litigation
  • Litigation funding is evolving from the financing of litigation into the funding of law firms more generally.

Litigation finance as a concept is not new—indeed, regulation of it first arose in medieval England. But its use as a tool to support those involved in commercial litigation and arbitration is much more recent, having entered the mainstream in many of the world’s major legal centres in the past two decades. While litigation funding has traditionally been offered to support large single cases, the market has seen an evolution into other areas, such as a portfolio of cases, more use of funding by corporates, and realising immediate value from litigation or arbitration which may still have some time to run.

However, the most recent development is perhaps the most revolutionary—litigation financiers becoming funders to law firms or other legal businesses, and for purposes not necessarily linked to litigation. With litigation funders’ knowledge of the legal market and a

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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

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
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
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’ 
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