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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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Bell Yard Kysen—Liz Giles

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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