Category Archives: Regulatory Issues
Communication and Speed at the Core of Productive Funder-Lawyer Partnerships
There can often be tensions between law firms and litigation funders, especially in the early days of partnership. As a result, there are those in the legal industry who are wary of working with funders. However, Sarah Breckenridge, who has served as both the head of a disputes team at a global law firm and…
Funder Highlights the Importance of Privileged Communications
Claimants are understandably cautious when engaging with third-parties during litigation due to the sensitive nature of the information they discuss, and a need to maintain a careful eye on any privileged communications they undertake. However, it is equally important for funders to have a detailed and complete understanding of the case they’re financing and any…
Court of Appeal Raises Concerns With Incentives For Third-Party Funding
A recent case involving Cost Proceeding Orders (CPOs) being granted against train operators by the Competition Appeal Tribunal (CAT) has raised questions about the level of oversight needed for third-party funders. Whilst dismissing the appeal made by these train operators against the decision to approve the CPOs, Lord Justice Green questioned whether the incentives for…
The Argument Against Forced Legal Finance Agreement Disclosure
Keith Sharfman (Professor at St. John’s University School of Law) has a new feature arguing against mandatory litigation finance agreement disclosure in the 94 New York State Bar Journal 36. Mr. Sharfman’s article covers unique approaches to legislation targeted at third party funders and their clients. …
The Role of Superannuation Funds in Litigation Finance
The role of superannuation funds in litigation finance (specifically in funding class action claims) has been highlighted by industry insiders in Australia, who point to it as a benefit to the funds themselves and also an encouragement of good corporate governance. The recent example of HESTA, a super fund based in Sydney, taking part in a class action lawsuit against multiple financial service companies, has demonstrated both the appetite and the potential benefits of such engagements.
Nigeria’s New Arbitration Legislation Opens The Door For Third-Party Funding
While the litigation funding industry continues its rapid growth in many territories around the globe, we are starting to see similar patterns emerging in Africa. With the passage of Nigeria’s Arbitration and Mediation Bill, the country has opened the doors for wider adoption of third-party funding with these latest changes to the regulatory framework….
The Centre for Climate Change Economics and Policy on Global Trends in ESG Litigation
Litigation Finance Journal has collated 107 highlights to Joana Setzer and Catherine Higham’s international ESG research published by the Centre for Climate Change Economics and Policy. In summary, all indicators signal a decade of cross-border climate litigation ahead for humanity as a whole. …
New Zealand Commission Recommends Changes To Class Action And Funding Regulations
An advisory body in New Zealand has provided updated guidance and recommendations for new legislation to regulate class actions and the litigation funding industry. The Law Commission, an independent Crown entity, has put forward a range of proposals including a new Class Actions Act, which aims to strengthen access to legal redress by removing restrictions…
High Court Ruling Suggests Funder Liability Is Broader Than Expected
The extent and scope of litigation funding liability is being questioned, after a High Court ruled the funder was liable for costs predating the litigation funding agreement (LFA).
New Insights: Litigation and Arbitration Treaties
Interesting insights into the modernization of rules and processes regarding litigation and international arbitration treaties have been published by Litigation Capital Management (LCM). Themes suggested include the growing demand for transparency in third party litigation and arbitration agreements. …
