Authored by Charles Hollander QC
In the context of a proliferation of litigation funders and
funded cases, Brick Court Chamber's Charles Hollander QC
considers the often thorny issue of privilege
Once upon a time, litigation funding was champertous and
unlawful. We are living in a brave new world where litigation
funding creates new opportunities and new risks. The law of legal
professional privilege is an area which has to adapt to the
relationship between funder and litigant.
The funders will want to see advice from lawyers who have
conduct of the potential litigation. The lawyers will not in such
circumstances act for the funders: on the contrary, there will be a
potential conflict between the interests of the funders (getting
objective advice which will enable them to decide whether to fund
on the best terms available) and the client's lawyers (whose
duty is, within the limit of their professional obligations, to
further the interests of the client).
