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Dispute funding in the U.K. and Singapore: A comparative review and looking ahead

Common law jurisdictions where third-party funding is in its nascent stage, such as Singapore, can look to jurisdictions with a more established third-party funding infrastructure, such as the U.K., to develop and refine its own regime. We engage in a comparative review of the development of litigation finance in the UK and Singapore and look ahead at how funding may continue to evolve there.

Hong Kong Law Reform Commission consultation on ‘outcome related fee structures’ for lawyers in arbitration – Omni Bridgeway submission

At present, Hong Kong lawyers are not permitted to charge fees based on the outcome of any proceedings. However, in some jurisdictions around the world, various forms of flexible fee structures are permitted. As Hong Kong is a leading centre for arbitration and wishes to preserve and promote its competitiveness with other popular arbitral seats, the Law Reform Commission of Hong Kong (Commission) established a sub-committee to make recommendations regarding ‘Outcome Related Fee Structures’ (ORFS).

New Zealand Feltex case highlights importance of choosing a reliable litigation funder

The Supreme Court of New Zealand has dismissed an application for leave to appeal an “unless” order striking out the proceedings unless the claimants’ provided security for costs by a certain date. The case was a multi-party action brought on behalf of some 3,600 investors in the failed carpet-maker, Feltex Carpets Ltd (Feltex). Despite the case being funded, the security was never provided and the Supreme Court’s refusal to grant leave has effectively brought the case to an end.

Die EU-Verbandsklage kommt: Jetzt entscheidet das „Wie“ der Umsetzung über Erfolg oder Misserfolg

Die von der EU-Kommission im November 2020 verabschiedete Richtlinie geht in vielen Teilen weiter als die deutsche Musterfeststellungsklage. Unternehmen zeigen sich daher alarmiert und befürchten, dass eine Klageindustrie auf Deutschland zukommt. Verbraucherschützer dagegen begrüßen die neue Klageform und wünschen sich von der nationalen Umsetzung ein scharfes Schwert für die Durchsetzung der Rechte von Verbrauchern.

Third-party funding and Shariah (Islamic) compliance

Third party funding (TPF) of disputes is now an established financial product in many jurisdictions around the world, including in Europe and the US. The use of TPF has also been growing in the Middle East, especially since the start of the Covid-19 pandemic, with interest coming both from funders entering the market, as well as from claimants wishing to use external finance for their disputes.

So, the defendant filed for bankruptcy … what’s next?

Plaintiffs that suddenly find themselves with an insolvent defendant face new obstacles and costs in continuing to litigate their claim. Omni Bridgeway's Amy Geise and Deidre Carey Brown of ForsheyProstok offer insight into how litigation finance can help.

Unwilling but able: how to successfully enforce favourable judgments or awards against evasive debtors

In a webinar for the Association of Corporate Counsel (ACC) Australia, Omni Bridgeway Investment Manager Leanne Meyer chatted with our Head of Enforcement for Asia, Marjolein van den Bosch-Broeren, about the role a dispute funder plays in enforcing judgments and awards from unwilling or evasive debtors and early steps in-house counsel can take to safeguard collectability.

Dispute funding for financially distressed companies

Ken Epstein of Omni Bridgeway, along with other panelists, provide valuable insight into the fundamentals of litigation finance and how it can be used by companies facing financial distress or insolvency in this Turnaround Time podcast.

Financial transparency the best policy for funders

As litigation finance continues to grow in international markets, the English Court of Appeal issued a judgment earlier this year sending a strong message that funders be well capitalised and transparent about their financial position. Alistair Croft discusses this recent case, as well as Omni Bridgeway’s stance on these matters as a listed company.