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Commercial People Moves

Global Law Firm announce expansion and name change

By John Freund |

Global law firm PGMBM will now be known as Pogust Goodhead after a succession of litigation victories.

Following a landmark ruling ensuring mining giant BHP will face their day of reckoning in the English courts over the Mariana dam disaster, the law firm will also be expanding their services in Brazil.

With the addition of a new office in Rio de Janeiro, Pogust Goodhead plans to continue spearheading environmental litigation in Brazil, as well as around the world through offices in the Netherlands and United States.

The expansion also includes plans for a new legal process outsourcing centre based in Governador Valadares, Minas Gerais, Brazil to help process and service clients worldwide – which will bring over 300 jobs to the area.

Alongside the expansion into Brazil, the firm is growing its global securities department, with a new office in San Diego – headed up by experienced securities litigator Takeo Kellar. Enhancing this practise area aligns with Pogust Goodhead’s commitment to bringing shareholder engagement and litigation solutions to investors around the world.

The news comes after a series of historic settlements including on behalf of 15,000 claimants in the Volkswagen Group Litigation in May 2022 and 16,000 victims of the British Airways Data Breach in 2021.

A partnership and £100m funding deal with North Wall Capital was also recently announced as the largest investment in a UK claimant law firm to date.

The ongoing investment in Brazil will also see the addition of 20 new Brazilian lawyers in the coming weeks, after a series of UK hires.

Pogust Goodhead has recently seen the recruitment of C-Suite leaders Chief Operating Officer Alicia Alinia and Chief Financial Officer Jash Radia, bringing decades of experience in strategic leadership across the business.

Global Managing Partner and CEO Tom Goodhead said:

“In the past twelve months, we have successfully concluded group litigations against British Airways, Volkswagen and just last month we secured an extraordinary victory against the largest mining company in the world, BHP.

“Today we are moving to the next chapter. As the business continues to grow, it is vital that we make changes to ensure that we have a strong, reliable, and sustainable infrastructure to facilitate our ambitions to transform group litigation globally.

“Our Brazilian cases have always been the driving force of the firm and with a new office in Rio we hope to build on the great progress we have made with cases against defendants such as BHP and Tuv Sud.

“Most importantly we want to ensure our clients are given an even better experience and to ultimately ensure we represent their desire for justice, continuing to fight the good fight across all our litigations.”

Chairman Harris Pogust added:

“We are delighted to be building on the successes of recent years in what we feel is the next crucial step for our firm.  I am beyond proud to have my name standing big and bold next to my amazing partner, Tom Goodhead.  As we continue to grow the firm, brand recognition becomes an even more important item in our growth.  With this name change we believe the brand Pogust Goodhead will be one of the most recognizable in the legal landscape.

“There is no law firm out there doing the cutting edge, ground-breaking work on behalf of those who are in most need of legal representation than Pogust Goodhead, and these changes will ensure we take things to the next level.

“We are beyond proud of the talented people we have on board at the firm and the incredible work they do every day, championing justice for our clients.

“We are only just getting started.”

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Case Developments Commercial

Australian Federal Court Approves $24.5M Funder’s Commission for Galactic 

By John Freund |

Reporting by Lawyer’s Weekly covers a major development in two Australian class actions, where litigation funder Galactic obtained a favourable ruling from the full Federal Court to double its commission from its funding of lawsuits brought against 7-Eleven and ANZ Bank. Justices Craig Colvin, Bernard Murphy and Michael Lee, overturned a 2023 judgement by Justice O’Callaghan that refused to make Galactic’s CFO order. As a result, Galactic’s commission from the class actions will drastically rise from $12 million, to a total $24.5 million.

The Federal Court’s ruling on 2 May found that Justice O’Callaghan had been wrong to refuse making the CFO order on the basis that the court did not have the power to do so. The three Justices wrote that Galactic’s $24.5 million commission “is commercially realistic and properly reflects the costs and risks Galactic took on by funding the proceedings.”

The class actions brought against 7-Eleven and ANZ Bank focused on allegations that the fuel and convenience store chain’s standard Franchise Agreement had ‘unfair contractual terms’ that violated consumer law. ANZ Bank were targeted by the second class action over claims that it had failed to meet its obligations under Australia’s Code of Banking Practice, ‘by lending to buy into the franchise system, often up to 100 per cent of the franchise license.’

Case Developments Commercial

London’s Black-Cab Drivers Bring £250M Claim Against Uber

By John Freund |

An article The Financial Times covers legal actions being brought against Uber on behalf of London’s black-cab drivers, centred on allegations that Uber misled Transport for London (TfL) to obtain its license. Specifically, the lawsuit focuses on the claim that Uber misled TfL around its booking model, and that the company allowed its drivers to receive direct bookings from customers rather than through a central system.

The claim is being brought in the High Court by RGL Management and is representing more than 10,500 black-cab drivers, who argue that they were harmed by unfair competition and are seeking up to £25,000 in compensation per driver. The claimants are represented by Mishcon de Reya and Katch Investment group are providing the litigation funding for the claim, with the total value of the group litigation reaching £250 million.

In a statement, Uber continued to deny the allegations and said that the claims “are completely unfounded”, maintaining its position that the ride-hailing company “operates lawfully in London, fully licensed by TfL.”

More information about the group litigation can be found on RGL Management’s ‘Black Cabs v Uber Litigation 2021’ (BULit21) website.

Commercial Regulatory Issues

Legislation to ensure the enforceability of LFAs is progressing smoothly through Parliament

By John Freund |

The following is a contributed piece by Tom Webster, Chief Commercial Officer at Sentry Funding.

So far, the Litigation Funding Agreements (Enforceability) Bill has been passing through Parliament without a hitch.

The government is bringing the legislation in response to the Supreme Court’s decision last summer in PACCAR Inc & Ors v Competition Appeal Tribunal & Ors [2023] UKSC 28, which called into question the enforceability of LFAs.

The Bill was briefly introduced into the House of Lords on 19 March, and was debated at second reading on 15 April. During the debate, while some peers discussed the need for regulation of the litigation funding industry and for careful consideration of whether the retrospective nature of the legislation was justified, no peers opposed the Bill – and many welcomed it.

More recently, during scrutiny at grand committee on 29 April, the relatively small number of peers who attended the session broadly supported the Bill, and several spoke in favour of the need for its provisions to be retrospective.

In terms of the Bill’s drafting, the government proposed some small changes at committee stage, which were waved through by peers. The most significant was to address a potential problem with the original drafting where the LFA relates to the payment of costs rather than funding the provision of advocacy or litigation services.

The problem was that, in the original wording, it could be argued that the Bill only applied to the funding of costs that relate to court proceedings, but not those relating to arbitration, or settlements. This has now been resolved by new wording to make clear that an LFA may relate to the payment of costs following court, tribunal or arbitration proceedings, or as part of a settlement. An LFA may also relate to the provision of advocacy or litigation services.

Meanwhile another government amendment was aimed at avoiding problems for litigants-in-person, by ensuring that the definition of LFAs in the Bill includes agreements to fund the expenses of LiPs, for example where they need to pay for an expert’s report.

During grand committee, peers also expressed their approval of the broad terms of reference that have now been published by the Civil Justice Council for its review of litigation funding, which will include an examination of whether the sector should be regulated; and if so, how. Peers commended the speedy timescale that the CJC has set itself, aiming to produce an interim report by the summer, and a full report by summer 2025.

As the Litigation Funding Agreements (Enforceability) Bill continues its journey through Parliament and the CJC begins work on its review, there are clearly significant changes on the way for the litigation funding sector in the UK.

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