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28 April 2023
Issue: 8022 / Categories: Legal News , Litigation funding , Regulatory
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NLJ this week: Regulators circling as litigation funders celebrate success

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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

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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