Litigation crowdfunding in the news today. The ‘spin’ in this story is focused on the Good Law Project, but there are other cases which illustrate why some regulation could be in the public interest dailymail.co.uk/news/article-9…
The unsuccessful judicial review and appeal in the Backto60 women’s state pension age case crowdfunded on raising expectations that success would bring “full restitution”, when that was impossible link.medium.com/IP1JEL2zRgb
Reclaim These Streets (I wrote about their charity crowdfunding in March link.medium.com/lLgConqARgb) have now launched a litigation crowdfunder to continue their claim against the Metropolitan police and “secure protest rights for the future” crowdjustice.com/case/defending…
Their crowdfunding page doesn’t identify the individuals bringing the claim, doesn’t explain precisely what order they are asking the court to make in order to “secure protest for the future” and overstates the success of their urgent claim in March bailii.org/ew/cases/EWHC/…
Dr Christian Jessen libelled a woman in public life, laughed at the very idea that his tweet might have legal consequences, ignored the legal process, lied in court about why he had done so and was penalised with indemnity costs. Should his crowdfunding be regulated in some way?
Good Law Project has raised over £60,000 of a stretch target of £65,000 for its challenge on behalf of some other charities to the charitable status of @ALLIANCELGB crowdjustice.com/case/lgba-char…. Its page links to the grounds of appeal and the recent decision to award charitable status
The page text acknowledges that the case is not straightforward and that there is little law on who has “standing” to appeal a charity registration. But it doesn’t even explain that little law or point out how far the grounds of appeal repeat objections first made to registration
The GLP on Kate Bingham, omitting to mention that she was a venture capitalist with long experience in the life sciences industry, and that her role as leader of the Vaccine Taskforce did not require public health experience but was to lead early procurement of viable vaccines Image
I would wait and see precisely what reform of litigation crowdfunding is proposed before either condemning or supporting it. Failed crowdfunded litigation- Marcus Ball’s attempted private prosecution of Boris Johnson is another example - doesn’t serve the public interest
Apart from the disappointment to individuals with over-inflated expectations of the outcome of litigation, failure tends to undermine people’s confidence in the competence and integrity of judges and judicial decision-making. Whose interest does that serve?

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More from @BarbaraRich_law

12 Jun
Don’t tweet like a lawyer stung by a bee. Believe it or not, the legal professions have guidance on the use of social media which doesn’t encourage outbursts like this ImageImageImageImage
Because whether highly paid in private practice or underpaid in publicly funded work, what people expect of lawyers is an informed, rational, objective approach to attempting to solve other people’s problems, not relentless antagonism in the promotion of their own personal views
We do have regulators, a complaints system and sanctions for misconduct, currently under consultation
Read 4 tweets
14 Mar
This crowdfunding campaign has now raised almost £0.5M for “women’s charitable causes”. All that its organisers, who do not even identify themselves by name on the crowdfunding website, will say is that they’ll be announcing which charities they intend to support “in due course”
@ReclaimTS isn’t a charity. It is unregulated. It has not been set up to enable UK taxpayers to significantly enhance the value of their donations via Gift Aid. The crowdfunding platform profits from the donations. Direct donations to established charities would benefit them more
Donors’ generosity has been prompted by reaction to the tragic death of Sarah Everard, but there’s no evidence that her family’s or friends’ wishes have been considered or taken into account in this fundraising. This seems disrespectful, though I’m sure that wasn’t intended
Read 11 tweets
29 Jan
And the truth turned out to be that Kate Bingham did offer her time and talents in service of the public good, and the cv that was published with the announcement of her appointment made it clear what experience and skills - all omitted from the sneer here - she had for that role Image
@afneil rightly excoriates the everyday sexism reflected in much of the response of the supposed intelligentsia and its licensed court jesters to Kate Bingham’s appointment
“There is an England of my mind” wrote the man who sneered at Kate Bingham as an ignorant crony. There is also an England in which even half a century ago, girls were educated to the highest academic standards and encouraged to be determined in pursuit of their aspirations Image
Read 33 tweets
4 Dec 20
I tweeted yesterday about the “GenderGP Charitable Fund”. It isn’t a charity registered in England and Wales, and doesn’t appear to be a charity at all. The announcement of its launch is still the pinned tweet on the timeline of @GenderGP and no statement has been made about it Image
All of the information published about the fund suggests that contributions to it will be paid to the business which trades as GenderGP to fund provision of its commercial service to individuals who cannot afford it themselves

gendergp.com/gendergp-launc… ImageImageImage
There is no transparency even to identify the recipient of contributions, which are processed through a third party payments service, or the legal status or administration of the fund. If it is not a charity, it should not describe itself as a charitable fund
Read 9 tweets
3 Dec 20
Following the ruling in Keira Bell’s case @gendergp have launched “The Gendergp Charitable fund”. This does not currently appear to be a registered charity in England and Wales, and the word “Charitable” should not be used without the permission of the Charity Commission
I know that GenderGP is based outside the UK, and this fund may have a non-UK bank account. But it is being promoted to the public with a name that includes an English word which is restricted in charities subject to @ChtyCommission regulation, and I think that raises concerns
As does the fact that the fund’s object appears to be to promote access to medical treatment for young people in a way that does not comply with a recent ruling of the High Court in England. Can that be described as being for the public benefit in English charity law?
Read 7 tweets
2 Dec 20
Reading and thinking and talking about the decision in Keira Bell's case - I am glad the court reached the decision that it did, and hope it withstands any appeal
The language of the discussion in paragraph 138 of the information relevant to achieving Gillick competence for this decision is identical to that in s3(1) and (4) of the Mental Capacity Act 2005, which applies to adults Image
Identifying the nature and extent of information relevant to a decision has been an important aspect of the development of the law under the MCA, particularly in relation to capacity to consent to sex, an extremely important aspect of personal autonomy
Read 5 tweets

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