Litigation Finance in London

When it comes to toying with the traditional law firm business model, the United Kingdom has become a hotbed of innovation.  It all began in 2007 when the United Kingdom enacted the Legal Services Act (LSA).  This act attempted to liberalize a tradition legal market that was “outdated, inflexible, over complex and insufficiently accountable.”  Further, the LSA allowed law firms to redefine their traditional business structure into something completely unique.  Now non-lawyers are allowed to take a role in the management of law firms and also allows law firms to raise capital from external investors.  As such, the United Kingdom litigation finance companies became excited.  Most notably, the United Kingdom market leader announced it was tripling their amount of available litigation financing to $180 million.  Lastly, more and more litigation finance companies are beginning to pop up.

Robert Hickmott of Quinn Emanuel best states the mainstreaming of litigation finance industry in the United Kingdom: “Third-party funding has been available for some time, but now has become mainstream in the past few years.  This is because both the market and the products have become a lot more sophisticated.  It used to be considered an option for only particular types of cases… [w]hereas it is now considered at an early point in most commercial litigation cases. It makes sense for any business to want to share the financial risk and operational burden of pursuing a claim by using external capital.”

Keywords: litigation finance, United Kingdom, innovation

Work Cited:  Brian Dalton, Is London a Sunnier Clime for Litigation Finance? Above the Law (February 11, 2019)

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