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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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