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23 October 2008
Issue: 7342 / Categories: Features , Procedure & practice
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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

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Law students and graduates can now apply to qualify as solicitors and barristers with the Crown Prosecution Service (CPS)
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
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