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Alicia Murray and Cameron McCracken of DLA Piper summarise various recommendations of the New Zealand Law Commission for a new regulatory regime governing litigation funding in New Zealand – including proposals that litigation funding agreements be disclosed to the court and the defendant, that courts be given the express power to order costs and/or security for costs directly against a litigation funder, rather than against the parties to the proceeding, and more – all of which are aimed at providing certainty and clarity for litigants and funders alike and having a positive effect on the litigation funding market in New Zealand.

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