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Litigation funding: when the Arkin cap no longer fits

10 September 2020 / Georgina Squire
Issue: 7901 / Categories: Features , Litigation funding , Profession
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Georgina Squire reflects on the judicial evolution in the approach to the Arkin cap & the rise of start-ups

The litigation funding market is experiencing an opportunity for growth. A raft of new claims is emerging while many claimants are struggling with cashflow in their businesses. Claimants are, more and more, looking to take the funding of litigation off balance sheet and bring in third party funders to assist their cashflow.

The outbreak of COVID-19 has fuelled this market direction as claimants are under more financial pressure than ever before. However, on the bright side, litigation funding is robustly developing through the uncertain environment by providing claimants with new financing solutions. As a result, there is a raft of funders providing access to the English court system through competitively priced litigation funding. This means that litigation funding is now a more practical solution and risk adverse option for any business, if it is prepared to sacrifice some of its recovery to the funder in exchange for

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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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