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21 October 2022 / Jason Woodland , Caroline Timoney
Issue: 7999 / Categories: Features , Litigation funding , Profession , Regulatory
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Litigation funding regulation: Tough enough?

98009
Is the approach to litigation funding in England & Wales ‘soft’, & is regulation on its way? Jason Woodland & Caroline Timoney investigate
  • Regulation of litigation funding is being considered by the EU.
  • The proposals would represent a significant intervention into the market were they to be adopted in England and Wales.
  • The justification for that regulation is significantly less in England and Wales given the existing rules.
  • The need to ensure litigation funders are well-capitalised is something all claimants looking for litigation funding should focus on, but may be an area for regulation.

The prospect of regulation of the litigation funding market is back on the horizon, this time in Europe and with an undisguised agenda. In July, the European Parliament plenary session adopted German MEP Axel Voss’s initial legislative report on responsible private funding of litigation (the Voss report). Mr Voss has previously described litigation funding as ‘happening largely in the shadows’ and that ‘…most agreements are made in secret—rendering them ripe

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London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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Kingsley Napley—Kirsty Churm & Olivia Stiles

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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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