One of the challenges for a litigation funder has been the extent to which it can step into a litigant’s shoes. The law on third parties’ involvement in litigation – which is of course what litigation funding is all about – is complex.

This case is often the first experience that lawyers and observers have of litigation funding and it is not a good one.

Given that the Court stated “In many respects, this is about as bad an example of how not to litigate as any I have ever encountered” it is no surprise that this case also highlights some of the pitfalls of litigation funding.