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After the event (ATE) insurance provider Litica has announced recently passing the significant milestone of insuring £750million of exposure across its book of litigation-based insurance. This announcement comes shortly after the news that Litica has exclusively provided the capacity for a new fund launched by Omni Bridgeway.
The “explosive growth” of litigation funding is behind an increase in class actions across Europe over the past two years, a report by the law firm CMS has argued. Kenny Henderson of CMS warns though that “as litigation funding expands, and in particular into class actions where the class members are often private individuals without independent legal advice, we are expecting increasing calls for formal statutory regulation.”
Two major representative actions over alleged data breaches have been discontinued in the wake of last year’s Supreme Court ruling in Lloyd v Google. The YouTube data breach claim that sought damages of up to £2.5bn, was one of the cases discontinued, and was advised by Hausfeld and backed by funder Vannin Capital. The other case discontinued was one brought by Mishcon de Reya on behalf of approximately 1.6 million people whose confidential medical records were obtained by Google and DeepMind Technologies in breach of data protection laws.
Doorway Capital, the funder of collapsed London firm Seth Lovis & Co (SL), has failed in an attempt to recover the £1.6m it is owed from the practice’s professional indemnity insurer, with Mr. Justice Butcher ruling that the debt was not covered by the insurance policy. SL went into administration in March 2019 after it ran out of working capital, owing Doorway £1.6m, VFS Funding £3.2m and RBS £3m. Last year, the Solicitors Disciplinary Tribunal struck off the eponymous Seth Lovis for taking money from two different litigation funders for the same cases – against the terms of the funding agreements – in an attempt to keep his firm operating “at all costs”.
An unnamed litigation funder is backing a multi-million pound claim in the UK against IP law firm Mark & Clerk, alleging that it “grossly overcharged” thousands of small businesses by operating a “secret commissions scheme” with IP management business CPA Global. The representative action has been brought by Commission Recovery Ltd (CRL). Signature Litigation is acting for CRL.

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