header-logo header-logo

NLJ this week: Regulators circling as litigation funders celebrate success

28 April 2023
Issue: 8022 / Categories: Legal News , Litigation funding , Regulatory
printer mail-detail
120679
Litigation funders have enjoyed a relatively easy regulatory ride so far, but are the good times coming to an end? 

David Greene, NLJ columnist and senior partner at Edwin Coe, writes in this week’s issue that ‘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’.

Looking into the implications of this, Greene notes that the Post Office sub-postmasters’ litigation ‘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’.

He also covers the Voss Report in Germany, the approach the authorities take to the regulation of litigation funding in other jurisdictions such as Australia and Ireland, and the approach likely to be taken in the UK. 

Read Green's full comment piece here.

MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll