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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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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