Book Reviews

Litigation Funding Handbook

Publisher: Law Society Publishing

General Editor: Rocco Pirozzolo

Price: 69.95

Edition: 1st Edition (September 2014)

ISBN: 978-1-853-28927-9

Buy from Law Society Publishing: Click Here

The Jackson reforms, which were introduced in April 2013, have fundamentally reformed costs and litigation funding.  Those reforms have hit the headline over the last 12 months or so with the ongoing consideration of the application of the new rule on relief from sanctions contained in CPR 3.9 (with the Court of Appeal handing down judgment in two leading judgments).  However, the way in which litigation is funded, and the cost of litigation, is much wider than that narrow issue.  The Litigation Funding Handbook aims to take an in-depth and authoritative look at some of the most fundamental and far-reaching changes to funding and costs management.

Written by a team of experienced practitioners, the Litigation Funding Handbook is split into twelve chapters: an overview of the Jackson reforms on litigation funding; proportionality; fixed costs; costs management; CFAs; ATE insurance; damages-based agreements; changes to increase general damages and changes to Part 36; qualified one-way costs shifting; third party funding; BTE insurance; and litigation funding and the SRA handbook.  There are also a number of appendices which include: the Damages-Based Agreements Regulations 2013; extracts from the Civil Procedure Rules 1998; a Precedent H with guidance notes; the Law Society's personal injury CFA; and a personal injury risk assessment.

For any commercial or civil litigation lawyer, the funding of any litigation is fairly high on their radar.  What this book offers is a practical way of navigating around many of the mine fields which are there for the unwary: whether it is consumer law, regulatory law from the SRA or the new funding regime, there is so much material to understand.  The Litigation Funding Handbook provides answers to many of those issues and some practical guidance on what to do.  It also (but fairly briefly) considers whether a solicitor complying with her duties under the SRA Code of Conduct runs the risk of undertaking a regulated activity under the Financial Services and Markets Act 2000.

The Litigation Funding Handbook is well-written and often flags issues which may arise in the funding of litigation.  For example, it rightly considers the issues with damages based agreements and the risks for firms entering into them.  The one minor gripe is, however, the wide range of writing styles (which is often a problem with multi-authored texts like this one): unfortunately; some of the material is rather formally written (with some legalese like 'herein') yet others are plainly and engagingly written.  However, this is a minor gripe in an otherwise excellent text.  If you are looking for a one-stop text considering the funding of civil litigation then you should look no further than the Litigation Funding Handbook

Reviewed on 24 December 2014

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