Beyond Excalibur: a valid alternative

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By Nick Rowles-Davies

In the legal world, few subjects divide opinion as much as litigation funding. Developments of late have furthered this, with the collapse of Excalibur the most high-profile event to occur in the sector in recent years. Many column inches have been written about the case and funders are used to unwarranted criticism.

All the hard knocks that went with the Excalibur case were expected, but also, perhaps strangely, welcomed — no recognised UK litigation funder was seduced by the false offerings of that case. There is no crowing in this, but it underlines the fact that third-party funding is very much in a period of building on the strong foundations it has established.

Third-party funding has had to stand up and be counted, and it has done this resolutely. However, Excalibur — and the wider implications of the spectacular collapse of that case — has led to a view that the funding industry as a whole is in disarray…

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