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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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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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