Insights

Thoughts and opinions on industry issues and trends.

Funding David vs Goliath: How Third-Party Funding Can Change The Course Of Legal Action

Tom Davey and Mohsin Patel of Factor Risk Management highlight various funded David vs Goliath cases to explain why third-party litigation funding is increasingly regarded by the judiciary as essential for securing access to justice for all, not only in principle, but in practice.

The FCA’s reforms to the ESG labelling regime: Litigation funders could see a spike in enquiries

Signature Litigation

Kate Gee and Alasdair Marshall of Signature Litigation comment on the FCA's proposed regulatory changes for the ESG fund sector, opening the door for claims from dissatisfied investors and ensuring only ‘true’ ESG funds will be allowed to brand themselves as such, so that investors are not duped by greenwashing.

Litigation funders sweat on Supreme Court

lawgazette.co.uk Litigation Funding Magazine

Rachel Rothwell, editor of Litigation Funding Magazine, describes how the entire litigation funding industry could be turned on its head by a UK Supreme Court decision that could potentially render most – if not all – litigation funding agreements unenforceable.

Litigation Funding for US Antitrust Matters

Woodsford woodsford.com

The team at Woodsford explains why litigation funding is such a great fit for antitrust matters, and provide insight into the softer benefits of litigation funding, including an additional layer of diligence at an early stage of the process, leading to greater rigour in risk and cost-benefit assessments.

Going forward portfolios: Capital facilities for law firms with multiple future claims

burford burfordcapital.com

The team at Burford explores the benefits of the going forward portfolio, including how it can help lawyers avoid having to turn down promising high value cases because their firms’ level of risk tolerance won’t accommodate the clients’ desired fee structure, particularly in areas like international arbitration, where even affluent clients increasingly expect that firms will share the risk.

Exton Advisors provide in-house perspective on litigation funding

Exton Advisors

Exton Advisors provide an in-house perspective on litigation funding, sharing what UK legal departments really think about litigation funding, how legal teams would like their external partners to support them, and some insider tips on securing funding.

High Court approves first CPR 19.6 representative action since Lloyd v Google

CMS cms-lawnow.com

Kenny Henderson and Matt Peacock of CMS examine a recent case where the High Court left open the possibility that it may allow a funder's commission to be paid before disbursement to the members of the class.

GAO’s Report On Litigation Funding: Intriguing, But Unlikely To Propel Immediate Change

Above the Law abovethelaw.com

The team at Above the Law argue that, although the GAO Report on Litigation Funding is a generally helpful and balanced overview of the state of the funding industry, it is unlikely to propel immediate policy changes.

On the implementation of the RAD: something old, something new for class actions on consumer protection in NL

Loyens & Loeff loyensloeff.com

Irene Bloemen and Marit Bosselaar of Loyens & Loeff highlight consequences of the Representative Actions Directive on litigation funding in the Netherlands, including the implementation of a rule that funding may not come from a funder who is a competitor of the defendant.

Litigation Funders Serving as Arbitrators

Profile Investment profileinvestment.com

Régis Bonnan and Domenico Piers De Martino of Profile Investment consider why more litigation funders do not serve as arbitrators and whether the situation may change as the demand for multidisciplinary tribunals with greater professional diversity grows.

Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

patentlyo.com Unified Patents

Jonathan Stroud of Unified Patents argues that disclosure of litigation funding – which undergirds about 30% of all patent litigation in the US, by conservative standards – remains sparse because the wealthy private investors who fund litigation claims and reap windfall profits have fought to keep litigation funding agreements secret, and asks – if there is nothing to hide, why fight so hard to keep it hidden?

Litigation Finance Insider

Litigation Finance Insider

Insights

Funding David vs Goliath: How Third-Party Funding Can Change The Course Of Legal Action

The FCA’s reforms to the ESG labelling regime: Litigation funders could see a spike in enquiries

Litigation funders sweat on Supreme Court

Litigation Funding for US Antitrust Matters

Going forward portfolios: Capital facilities for law firms with multiple future claims

Exton Advisors provide in-house perspective on litigation funding

High Court approves first CPR 19.6 representative action since Lloyd v Google

GAO’s Report On Litigation Funding: Intriguing, But Unlikely To Propel Immediate Change

On the implementation of the RAD: something old, something new for class actions on consumer protection in NL

Litigation Funders Serving as Arbitrators

Third-Party Litigation Funding: Disclosure to Courts, Congress, and the Executive

How Litigation Funding Disclosure Rules Affect NPE Filings

Recent Fundings

Bench Walk backs companion claim against Mastercard and Visa

LCM backs claim against Indian Government

Woodsford funds Dutch class action against Airbus

Delta funds arbitration against Tanzania

Funder News

Madoff Fraud Victims Benefit from Rising Recovery Rates

Record New Case Investments

Burford Capital Provides Update on Strong 2022 Business Activity

Interim results for the half year ended 31 December 2022

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