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11 November 2022 / Roger Smith
Issue: 8002 / Categories: Opinion , Litigation funding , Regulatory
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Third-party funding—regulation needed?

100256
It’s time to acknowledge that law, justice & the courts are being commoditised, says Roger Smith

Surprise, surprise. Third-party litigation funders and their associated lawyers are not too keen on regulatory proposals proceeding through the European Union (see ’Tough enough?’, NLJ, 21 October 2022, p20). The proposals were backed in September by the European Parliament. Brexit was, of course, intended to protect the UK from this sort of outrageous intrusion by the ‘nanny state’. But, even here and in the US, EU backing for statements such as ‘When litigation funders provide financing for legal proceedings in exchange for a share of any compensation awarded, a risk of injustice can arise’ might give rise to a chilling effect on a rapidly burgeoning market. Hence, the concern.

Heavyweight considerations

Third-party litigation funding has rather crept up on us. Lawyers are still practising (just) for whom the old prohibitions on maintenance and champerty formed part of their qualifying legal education. These were only abolished in 1967 after 500 years. Subsequent progress has been

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

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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