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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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