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An unexplored arena: Pt 2

09 January 2015 / Nick Rowles-Davies
Categories: Features , Profession
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Nick Rowles-Davies discusses due diligence, risk & insurance in his second article on litigation funding trends

Anyone familiar with the process of litigation will recognise two things: first, it is not cheap, and second, there is no guarantee of a successful outcome. As a result, when someone is deciding whether to litigate or not they are in no small part making a decision about risk—namely, is this litigation an investment worth making, or am I throwing good money after bad?

Litigation finance is a means to alleviate both cost risk and litigation risk fears for a potential claimant. In essence, an external investor will step into the claimant’s shoes and take over a pre-agreed share of the risks. Funding arrangements thus bring claimant and financier together into a close partnership, regulated by a contract, in which risk, due diligence of that risk, and insurance against risk are tightly interlinked.

Risk

By entering into their contractual arrangement, client and funder form a consensus on several key agreements: the budget needed to fund the case;

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NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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