header-logo header-logo

Litigation funders: the key to unlocking growth?

26 May 2023 / Maurice MacSweeney
Issue: 8026 / Categories: Features , Profession , Litigation funding , Legal services
printer mail-detail
123321
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll