Funders’ pricing and the real value of litigation risks

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Agenda for European Litigation Funding Conference announced

Brown Rudnick has released the agenda for its first annual European Litigation Funding Conference taking place on 17 May 2022 in London. The one-day conference has drawn big names from the international litigation funding market who will discuss topics such as opportunities and innovation in deal structuring, the rise of class actions and opportunities in Europe.

Funder News

LionFish reports investments in ten cases

UK-based professional services group RBG Holdings plc has released its audited results for the twelve months ended 31 December 2021. It reports that its subsidiary LionFish Litigation Finance has to date invested £1.8 million in 10 cases, with a full commitment of £10.5 million if the cases are funded through to trial over the next 2-3 years. The firm’s first case was successfully completed, delivering a return of two times money invested as per strategy. RBG also reports that in February 2022, LionFish agreed to a £20 million litigation investment arrangement with a large alternative investment firm which will allow the funder to now generate income from settlements and new investments rather than sell participation rights.

Insights

Litigation funding and marginal gains

Tets Ishikawa of Lionfish comments on the Competition Appeal Tribunal’s rulings in two recent judgments (Kent v Apple and Coll v Google) that disclosing ATE premiums would give the defendants an ‘unfair tactical advantage’ and argues that if defendants want to go for marginal gains on funding and insurance agreements, they should equally be willing to give disclosure and transparency around the financial strategy for their case defence, including the costs provisioned for defending the claim and the amounts provisioned for any potential loss on their account. 

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