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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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