Lloyd v Google – a return to first principles

Jeremy Marshall of Omni Bridgeway argues that the landmark Lloyd v Google decision does not necessarily mean that there will no longer be data breach claims in England but stresses that these cases should only be funded on behalf of claimants who have genuinely suffered losses that are amenable to being compensated by the law, something that wasn’t completely apparent in this case. Read more.

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In the News

Court rejects another Canadian litigation funding agreement

The Superior Court of Quebec has released a decision rejecting a litigation funding agreement in the insolvency proceedings of Fortress Global Enterprises (TSX:FGE). The Court refused to approve the litigation funding agreement because it placed limits on Omni Bridgeway’s obligation to fund an eventual adverse costs award. Specifically, under the agreement, Omni had no obligation to pay adverse costs awards relating to costs incurred prior to the approval of the agreement or after its termination.

New Fundings

Omni Bridgeway backs new Australian class action

Omni Bridgeway has agreed to fund a class action against Mesoblast Limited (ASX:MSB) on behalf of shareholders for losses arising out of Mesoblast’s alleged breaches of its continuous disclosure obligations and/or by Mesoblast engaging in misleading and deceptive conduct. The class action will be run by law firm Phi Finney McDonald.

Insights

European Class Actions: The Funder’s Dilemma

Jeremy Marshall, Anna-Maria Quinke and Maarten van Luyn of Omni Bridgeway present a concise summary of the group claims landscape across various European jurisdictions and share their prediction that collective actions throughout Europe will increase once the Representative Actions Directive (RAD) kicks in over the next two years.

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