header-logo header-logo

21 October 2022 / Jason Woodland , Caroline Timoney
Issue: 7999 / Categories: Features , Litigation funding , Profession , Regulatory
printer mail-detail

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll