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10 September 2020 / Georgina Squire
Issue: 7901 / Categories: Features , Litigation funding , Profession
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Litigation funding: when the Arkin cap no longer fits

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Georgina Squire reflects on the judicial evolution in the approach to the Arkin cap & the rise of start-ups

The litigation funding market is experiencing an opportunity for growth. A raft of new claims is emerging while many claimants are struggling with cashflow in their businesses. Claimants are, more and more, looking to take the funding of litigation off balance sheet and bring in third party funders to assist their cashflow.

The outbreak of COVID-19 has fuelled this market direction as claimants are under more financial pressure than ever before. However, on the bright side, litigation funding is robustly developing through the uncertain environment by providing claimants with new financing solutions. As a result, there is a raft of funders providing access to the English court system through competitively priced litigation funding. This means that litigation funding is now a more practical solution and risk adverse option for any business, if it is prepared to sacrifice some of its recovery to the funder in exchange

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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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