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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll