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23 October 2008
Issue: 7342 / Categories: Features , Procedure & practice
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Welcome to the party

How will third party funding affect the legal landscape? Jonathan Wheeler and Felicity Potter consider the possibilities

Third party funding enables claimants who have a reasonably strong case to bring litigation they would otherwise be unable to bring and so promotes access to justice. It is also potentially an attractive tool for corporates who can afford to litigate but who do not want to incur any of the costs or risks associated with litigation. Anecdotally, however, it seems that few corporates have expressed a serious interest in litigation funding, mainly due to its high cost in terms of recoveries which would have to be given up to the funder in the event of success.

The third party funding market is still a young market and advisers and funders alike are feeling their way. Funders are generally interested in large commercial disputes and will only fund cases where there is a high prospect of success. The funding process can be lengthy because the funder will wish to scrutinise closely the merits of the case and, consequently, arrangements

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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