‘The English and Welsh Court of Appeal has handed down a judgment which should act as a reminder for law firms that any innovative funding arrangements must comply with statutory rules or risk being declared void.’
OUT-LAW.com, 25th March 2022
Source: www.pinsentmasons.com
‘A London commercial firm will ask the Supreme Court to develop the common law of champerty after an appeal over the assignment of its now-deceased client’s claim was dismissed.’
Law Society's Gazette, 17th March 2022
Source: www.lawgazette.co.uk
‘The public policy behind the ban on a solicitor taking an assignment of their client’s cause of action prior to judgment holds good in the era of damages-based agreements (DBAs), the Court of Appeal has ruled.’
Legal futures, 14th March 2022
Source: www.legalfutures.co.uk
‘A London law firm has lost an appeal over the assignment of a now-deceased client’s claim to his solicitors, with the Court of Appeal confirming that “a solicitor acting for a client in legal proceedings may not validly take an assignment of the client’s cause of action prior to judgment.” ’
Law Society's Gazette, 14th March 2022
Source: www.lawgazette.co.uk
‘A High Court judge has rejected an application by a law firm to substitute itself for a deceased claimant, on the grounds that it would be a form of champerty.’
Legal Futures, 20th July 2021
Source: www.legalfutures.co.uk
‘The High Court has refused an application from a London firm to be substituted for their deceased client in a £1.5m litigation claim.’
Law Society's Gazette, 20th July 2021
Source: www.lawgazette.co.uk
‘The ban on conditional fee agreements (CFAs) in family cases should not be read across to third-party litigation funding, the High Court has ruled.’
Litigation Futures, 22nd July 2020
Source: www.litigationfutures.com
‘It is proving to be a very modern divorce. Armies of lawyers and advisers; hundreds of millions of pounds at stake; priceless art; a superyacht; a key lieutenant switching sides; the son dragged into the proceedings by his mother. No wonder some involved have likened it to The War of the Roses, the dark Hollywood comedy about a feuding couple starring Kathleen Turner and Michael Douglas.’
The Guardian, 10th May 2020
Source: www.theguardian.com
‘The High Court has struck out claims brought against a City law firm that a litigation funder said did not pass on the “pessimistic views” expressed by counsel about a case it was backing.’
Litigation Futures, 5th March 2020
Source: www.litigationfutures.com
‘The Court of Appeal has ruled that a litigation funder can be exposed to higher costs than those they committed to backing a claim in a ruling that will send shock-waves through the sector.’
Law Society's Gazette, 26th February 2020
Source: www.lawgazette.co.uk
‘A High Court ruling refusing to set aside £4.3m judgment in default in a suppressed sales case shows the strength of the litigation funding model used by Manolete Partners, it has been argued.’
Litigation Futures, 5th December 2019
Source: www.litigationfutures.com
‘The market of clients using litigation finance through choice rather than necessity – especially companies looking to offload their liability for portfolios of cases – remains “almost entirely unaddressed”, an AIM-listed funder has told investors.’
Litigation Futures, 28th November 2019
Source: www.litigationfutures.com
‘Third party litigation funding is a growing industry in England and Wales, although the market remains largely unregulated.’
OUT-LAW.com, 19th July 2018
Source: www.out-law.com
‘Setting up a company as a special purpose vehicle to pursue an individual and his family for debts, including through the courts, does not amount to champerty, the High Court has ruled.’
Litigation Futures, 7th May 2015
Source: www.litigationfutures.com
“Firms cannot automatically be held liable for costs when they have funded a claimant’s disbursements in a failed claim, the Court of Appeal has ruled.”
The Lawyer, 11th April 2013
Source: www.thelawyer.com
“Where a court had found that arrangements entered into by copyright owners with a claimant copyright owner to sue intended defendants in its own name and on behalf of the other owners for alleged breach of copyright were not champertous and that it was proportionate to make an order for disclosure to enable the other owners to have their infringement claims brought, since their interests in enforcing their copyrights outweighed the interests of intended defendants in protecting their privacy and data protection rights, there was no justification for the court to grant relief to the claimant alone and not the other owners without identifying some factor as affecting the balance of the competing interests identified.”
WLR Daily, 21st December 2012
Source: www.iclr.co.uk
“Champerty used to be a crime. Now it is known as third-party litigation funding and has developed into an investment industry backed by up to £500m of investor cash looking for lucrative courtroom opportunities.”
The Guardian, 25th May 2012
Source: www.guardian.co.uk
“A conditional fee agreement which provided for the claimant’s solicitors to indemnify her against payment of the defendant’s costs if the claim was dismissed was not champertous or otherwise contrary to public policy. As a result its inclusion in a conditional fee agreement which in all other respects complied with the requirements of section 58 of the Courts and Legal Services Act 1990 did not invalidate the agreement.”
WLR Daily, 26th January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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