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10 May 2018 / Georgina Squire
Issue: 7792 / Categories: Features , Profession , Costs , Commercial
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A costs conundrum

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Can litigation funding negate a security for costs application, asks Georgina Squire

  • Litigation funding is on the rise and greater scrutiny from the courts has followed.
  • Funders have looked to the support of after the event insurance policies, but these have also been put under the microscope.
  • The ‘Arkin Cap’ is now a significant consideration for third party funders when assessing whether and at what level to provide funding for litigation.

We are all seeing a rise in litigation funding, evidenced recently by the explosion in profits of one significant AIM listed funder, Burford Capital LLC. Burford’s 2017 Annual Report shows income up by 109% to £341m and profit after tax up by 130% to £265m.

However, with this rise in funding, comes greater scrutiny by the courts of the role of funders in litigation and their potential liability to other parties. Recent case law has increased that potential liability. Funders often look to the support of an after the event (ATE) insurance policy to lay off some of their own

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MOVERS & SHAKERS

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

DWF—11 appointments

DWF—11 appointments

DWF strengthens North West teams with 11 newly qualified solicitors

NEWS
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Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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