header-logo header-logo

27 April 2023 / David Greene
Issue: 8022 / Categories: Opinion , Litigation funding , Regulatory
printer mail-detail

Litigation funding: is the party over?

120679
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

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

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

NEWS
Construction workers injured in comparable accidents can face sharply different routes to compensation on opposite sides of the Atlantic
Victims of undue influence may have more options than simply unwinding a tainted transaction, with courts able to order profits accounts, compensation and, exceptionally, severance
Disabled people could lose vital safeguards following the Supreme Court’s reversal of the Cheshire West test for deprivation of liberty, two barristers warn
A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
back-to-top-scroll