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£110 million Comet Group judgement in favour of funded party largest ever claim successfully brought under the UK’s 1986 Insolvency Act

By John Freund |

LitigationCapital Management Limited (AIM:LIT),an alternative asset manager specializing in dispute financing solutions internationally, is pleased to announce positive progress on two investments within its portfolio.

Successful Judgment in investment in English court litigation

As announced on 23 June 2021, LCM entered into an agreement to provide a finance facility to Geoffrey Carton-Kelly, a partner of FRP Advisory (“FRP”), additional liquidator of CGL Realisations Ltd (In Liquidation), formerly known as Comet Group Ltd (“Comet”). This investment forms part of LCM’s Fund I portfolio of investments.

In November 2022, judgment in the High Court was awarded in favour of Mr Carton- Kelly (the funded party) for approximately £110m. This judgment is understood to represent the largest ever (by value) preference claim successfully brought under the UK’s 1986InsolvencyAct. The Defendant to the proceeding has obtained permission to appeal the judgment, which will delay the maturity of the investment, but will be paying the judgment amount into court. This investment has been significantly de-risked from both a merits and recovery risk perspective. The financial performance of this investment is protected against the passage of time by way of an increasing multiple of invested capital. The size of the investment made by LCM is within the median range for an investment within Fund I.

Clarification of press report on an LCM investment

Following recent press speculation, the Company is providing an update on a further Fund I investment involving claims against Poland under both the Energy Charter Treaty (ECT) and the Australia-Poland Bilateral Investment Treaty (BIT), which has now been heard by an Arbitral Tribunal. Following completion of the hearing, the Arbitral Tribunal will render an Award in due course. There is no specified date for an Award to be rendered and there is no certainty as to what the outcome of that Award will be.

Revenue recognition

In line with LCM’s revenue recognition, the Company will only recognise revenue associated with these matters at the point in time it has more certainty on the final outcome, including following any appeal where relevant, or when there is more clarity around the recovery of funds. We remain confident that with respect to the awards set out above these will generate returns in line with management expectations, notwithstanding that, the timing within which each award will be realised remains uncertain. The Company generally expects the duration of investments to increase to between 36 – 42 months.

Patrick Moloney, CEO of LCM, commented: “We are pleased with the significant progress on these key investments. The successful judgment in the High Court of England demonstrates LCM’s strength in project selection and we look forward to reporting further once each of these investments has reached a conclusion.”

About LCM

Litigation Capital Management (LCM) is an alternative asset manager specialising in disputes financing solutions internationally, whichoperatestwobusiness models. The first isdirectinvestments madefromLCM’s permanent balance sheet capital and the second is third party fund management. Under those two business models, LCM currently pursues three investment strategies: Single-case funding, Portfolio funding and Acquisitions of claims. LCM generates its revenue from both its direct investments and also performance fees through asset management.

LCM has an unparalleled track record driven by disciplined project selection and robust risk management. Currently headquartered inSydney, with offices in London, Singapore, Brisbane and Melbourne, LCM listed on AIM in December 2018, trading under the ticker LIT.

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Announcements Commercial People Moves

Westfleet Advisors Announces James Batson as New Chief Operating Officer

By John Freund |

Westfleet Advisors, the premier U.S. litigation finance advisory firm, is delighted to announce the appointment of James "Jim" Batson as its new Chief Operating Officer. Mr. Batson, widely recognized as a leader in litigation finance, brings an extensive portfolio of expertise, including nearly a decade at Omni Bridgeway, most recently as its US Co-CIO, and a former partnership at Liddle & Robinson.

"We are thrilled to welcome Jim to Westfleet," said Charles Agee, Founder and CEO of Westfleet Advisors. "His impressive track record and deep industry knowledge align perfectly with our strategic goals. Jim's leadership is set to drive significant growth, reinforcing Westfleet's role as an essential advisor in the increasingly complex litigation finance market."

"At a time when the litigation finance industry has reached a critical juncture, requiring sophisticated understanding to navigate its complexities, I am excited to join Westfleet Advisors," said Mr. Batson. "The industry's growth and the diversification of funding options have made it imperative for clients to seek knowledgeable and experienced advisors. Westfleet's long-established expertise in advising on deal structures, pricing, and market trends positions us uniquely to guide our clients to the most advantageous outcomes. I look forward to advancing our mission to deliver unmatched advisory services in this dynamic sector."

Mr. Batson's prior roles have honed his skills in developing growth strategies and enhancing client services, with a strong focus on operational excellence and strategic advisory for complex legal disputes.

"Jim's deep understanding of the industry's needs and his proven leadership abilities will be instrumental as we expand our advisory services and deepen our engagement with the market," added Agee.

About Westfleet Advisors

Westfleet Advisors is the leading litigation finance advisor in the United States. Founded in 2013, the company has been instrumental in promoting transparency and efficiency in the litigation finance market. With a team of seasoned experts active since 1998, Westfleet provides clients and their attorneys with essential resources and insights necessary for navigating successful litigation financing.

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Announcements Consumer

Legal-Bay Legal Funding Announces Dedication to Focus on Securities Fraud and FINRA Arbitrations

By John Freund |

Legal-Bay LLC, The Lawsuit Pre Settlement Funding Company, announced today its focus on funding Securities Fraud and FINRA Arbitration cases for the remainder of 2024 and beyond. The legal funding firm has noticed a major deficiency in the legal funding sphere for specialized funding options for Securities Fraud cases and FINRA arbitrations, as these are some of the toughest cases to approve and understand within legal funding.

However, with two decades of experience in funding complex cases of all natures with creative yet straightforward funding solutions, Legal-Bay is widely recognized throughout the lawsuit funding industry as one of the "best lawsuit loan companies" or "go-to funder" for securities fraud cases and FINRA arbitrations against major brokerage firms.

Whether you are a plaintiff that lost a good majority of assets or a law firm looking for case costs to fight a large brokerage firm, or someone who lost assets due to fraud and needs money now, Legal-Bay can help you. Please visit our website geared specifically toward these types of cases, at: https://lawsuitssettlementfunding.com/securities-fraud.php 

Legal-Bay's team of experts and underwriting department can quickly evaluate the validity of your claim(s) and potential case value and provide you with the capital you need to see your case through. Too often, plaintiffs or lawyers simply cannot wait all the years these complex fraud cases can drag out without obtaining some sort of large cash advance in the meantime.

It is for this reason that Legal-Bay has committed extensive capital to funding plaintiffs and law firms that find themselves in dire financial situations due to instances of securities fraud. To learn more, feel free to call Legal-Bay today to speak with one of our courteous and knowledgeable staff, at: 877.571.0405.

Chris Janish, CEO, commented, "Securities or stock brokerage fraud cases are some of the most difficult in the legal finance industry to evaluate and fund. It is without question that our firm is one of the few niche funders in this space that has the expertise to evaluate your FINRA arbitration case quickly and accurately for settlement value and for needed cash advance approval."

To apply right now for your Securities Fraud pre-settlement cash advance or FINRA arbitration settlement cash advance, please visit Legal-Bay's page dedicated solely to these types of cases, at: https://lawsuitssettlementfunding.com/securities-fraud.php 

You don't have to wait for the money you deserve. Clients only have to pay back the Securities Fraud advance or FINRA Arbitration case loan if and when they win their case, meaning the money is risk-free. All you need in order to apply for the quick and immediate cash relief—typically provided within 24-48 hours following approval—is a lawyer. Even if you don't yet have a lawyer, Legal-Bay can help you with that too, as Legal-Bay works with the country's top Securities Fraud attorneys who will fight for you to ensure you receive the compensation you deserve.

Legal-Bay is a leader in personal injury lawsuit loans or commercial litigation settlement loans, as commonly referred to by plaintiffs. Although referred to as loans for settlements, the legal funding advances are not pre settlement loans at all, as they only need to be paid back if your case is won. FINRA arbitrations are considered commercial settlement funding and most typical litigation funding firms do not even consider these cases, however, Legal-Bay is happy to freely evaluate your case for funding. Funds can be used for personal use or for paying for expert witnesses or trial costs prior to an arbitration hearing.

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Announcements Commercial People Moves

Geradin Partners Opens Paris Office with the Hire of Partner Marc Barennes

By John Freund |

After opening offices in Brussels in 2015, London in 2021, and Amsterdam in 2023, Geradin Partners continues its European expansion with the launch today of its Paris office with the hires of former EU official and competition litigator Marc Barennes and his team. 

Founding partner, Damien Geradin comments: 

“We’re delighted that Marc accepted our offer to open our Paris office. France is a key jurisdiction in Europe, and Marc and his team will help us achieve three goals. First, it allows us to bolster our competition and digital regulation practice. The Paris office will allow us to better serve our clients in France, in particular those in need of strategic advice regarding the DMA (Digital Markets Act), DSA (Digital Services Act) and EU competition law. It will also assist our international clients in interactions with the French competition authority. Second, given his unique experience within the competition authorities and courts, Marc adds further strength to our ability to pursue high-stakes appeals and interventions in relation to competition authority decisions at the French and European levels. Third, Geradin Partners has brought major private actions in the courts, in particular against large tech firms in the United Kingdom and the Netherlands, while Marc has been a frontrunner in bringing collective actions in France. With Marc onboard, we will offer a choice between bringing a competition and DMA actions before the Dutch, English or French Courts, depending on which is best for each client”. 

Marc Barennes is a competition litigator with 20-plus years of experience. With over 15 years at the European Commission and the Court of Justice of the European Union, he brings unique expertise in competition law. During his time with European institutions, he was directly involved in more than 350 cases, including more than 70 of the most complex and high-profile European cartel, abuse of dominance, merger and State aid cases. Before joining Geradin Partners, Marc also gained experience over the past five years of damages actions through his role as Executive Director of a leading claim aggregator, and co-founding partner of the first French claimant firm specialized in class actions. Marc has also been a Lecturer at French School of Law, Sciences Po Paris since 2014 and has been a non-governmental advisor to the European Commission and/or the French and Luxembourgish competition authorities for the International Competition Network (ICN) since 2012. He is a member of both the Paris and New York bars. 

Marc Barennes added: 

“I’m honoured and delighted to join Geradin Partners and launch its Paris office. In only a few years, Geradin Partners has become the go-to European firm for all complex competition and digital regulation cases. It now comprises an exceptional team of 20 competition and digital regulation specialists, including five senior former competition agency officials, who work seamlessly on French, EU and UK high-stake cases. The many cases it has already successfully brought against large tech firms before the French, English and EU competition authorities and courts as well as the multi-billion damages claims it has filed against them in the Netherlands and England are a testament to its expertise and its innovative approach to complex competition issues, especially in the digital space. I look forward to assisting French companies both in benefiting from those damage actions and in their most complex cases before the French and EU competition authorities and courts. Our ambition is to expand the Paris office rapidly: applications at the partner and senior associate levels are welcome”. 

About Geradin Partners

Geradin Partners was founded by competition and digital regulation expert Damien Geradin, who has spent the past 25 years working as an attorney, while combining this with an academic career. With a team of seven partners and a total of 20 competition experts based in Paris, Brussels, London and Amsterdam, Geradin Partners is the first European boutique to offer seamless competition law and digital regulation services in major cases throughout the EU and the UK. It is recognized by its clients and peers for its commitment to excellence, as well as for its innovative and strategic approach. 

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