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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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