With instability at the highest levels of government in Westminster, and an economic downturn preoccupying the minds of everyone from Canary Wharf to the small business owner on the high street, flexibility in third-party funding legislation is likely to drive a surge in litigation. This is particularly true in Scotland, where previous regional legislation had prevented a wider adoption of litigation financing. But now local as well as national funders are standing by to support a rise in the number of claims being filed.