News focus: EU to clamp down on booming litigation funding sector

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Capping fees will kill collective actions, litigation funder warns

Erik Bomans of Deminor warns that proposals to cap fees from successful cases would ‘kill’ large parts of the collective action market, arguing that a lot of cases will not be funded, defendants will push up the cost of litigation, delaying the case and decreasing access to justice.

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Voss report is unsatisfyingly hollow and narrow

Tets Ishikawa of LionFish criticises the Voss report as “unsatisfyingly hollow and narrow”, pointing out that the reference to funders’ returns being up to 300% or even 3000% is heavily misguided, the report fails to define the claimant group it is seeking to protect, and that it fundamentally misses the real crux of the issue, which is that making losing defendants pay the cost of funding is a far more obvious way to address the issues identified in the report.

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An unfair tax on accessing justice

Tets Ishikawa of LionFish argues that the time has now come to revisit the recoverability of uplifts, premiums and funding costs, using several recent cases and an analogy involving a schoolyard bully to make his point.

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Never miss a thing in the litigation finance market.