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01 March 2012 / Angus Nurse
Issue: 7503 / Categories: Features , Procedure & practice
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Softly, softly

A hands-off approach serves the litigation funding market well, says Angus Nurse

The emerging market in litigation funding, while providing access to justice for small and medium enterprises (SMEs), does little for ordinary consumers unable to afford their own litigation costs. However, in their research report Litigation Funding: Status and Issues, researchers from Oxford and Lincoln Universities concluded that concerns over maintenance and champerty with the involvement of third parties are unfounded. In practice, funders have no interest in controlling litigation and their “due diligence” approach means that only cases with a clear legal strategy in place are likely to be funded.

Third party issues

Concerns about third party funding reflect both historical concerns about maintenance and champerty and the realities of the US and Australian markets, where third party funders control class actions. Champerty reflected fears that frivolous or otherwise unmerited litigation would be taken solely for profit, while maintenance addressed concerns that an unconnected third party might control another’s litigation. The Criminal Law Act 1967 abolished both the offences and torts of

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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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