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27 April 2023 / David Greene
Issue: 8022 / Categories: Opinion , Litigation funding , Regulatory
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Litigation funding: is the party over?

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Is the absence of regulation enjoyed by litigation funders coming to an end? David Greene examines the ever-closer attention of regulators worldwide

Having had a fairly free regulatory ride, outside of self-regulation, thus far (at least outside Australia), litigation funding is coming under ever closer scrutiny—derived perhaps from its success—and faces challenges in its structure and workings that will cause changes and, perhaps for some less robust funds, demise.

Litigation funding has been riding the crest of the litigation wave for some years. In many cases, it has been a happy marriage between providing access to justice and gaining profit from the proceeds. A well-known example is the Post Office sub-postmasters’ litigation that would not have seen the light of day—at least in the dramatic way it did—but for the funding from litigation finance provider Therium. The Post Office fought every issue, and without funding the claimants simply could not have competed. It is likely the full horror of the facts behind that litigation would not have seen

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Signature Litigation—Catherine Naylor

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Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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