On 26 October 2016 the Full Federal Court made its first potential "common fund order" in the class action Money Max Pty Ltd (Trustee) v QBE Insurance Group Limited. Provided the funder, applicant and solicitors for the applicant undertake to comply with the court sanctioned funding terms, the Court will make orders, including that the applicant and all group members pay the funder a Court approved funding fee from any recoveries.
Earlier this month, Hong Kong’s Law Reform Commission recommended that the common law principles of maintenance and champerty, which have held force in Hong Kong far longer than other jurisdictions, should no longer apply to arbitration and associated proceedings. This development comes hot on the heels of the promulgation of Singapore’s Civil Law (Amendment) Bill, anticipated to become law by the end of the year, abolishing maintenance and champerty in arbitration and certain other proceedings.
The latest issue of Norton Rose Fulbright’s International Arbitration Report focuses on recent changes to the rules surrounding third-party funding in international arbitration.
Litigation funding provides in-house counsel with the ability to pursue claims while overcoming the objections they typically hear from their financial team.
Los Angeles Investment Manager David Gallagher recently participated on a panel discussion about litigation funding hosted by LACBA's Antitrust & Unfair Business Practices Section.
Following the recent decision of the Queen’s Bench for Saskatchewan in Schneider v Royal Crown Gold Reserve Inc, six provinces have now set out the guiding principles for approving third-party litigation funding agreements. Although most decisions are in the class action context, they are instructive for general commercial litigation, the core of Bentham IMF’s business in Canada.
For a cash-strapped estate, financing a litigation asset to obtain an infusion from a funder can mean the difference between continuing with a winning strategy or potential capitulation.
Bentham IMF recently celebrated its 5-year anniversary in the United States on September 21, 2016 with a seminar co-hosted by Bloomberg BNA titled "Litigation Finance: Driving Law Firm Profitability."
For plaintiffs, the growing costs of e-discovery can cramp their attempt to gather evidence and ultimately endanger their ability to pursue worthwhile litigation.
Third party litigation funding (TPF) can benefit businesses of all sizes, but small and medium sized companies can find particular value in using TPF for their cases.
In this week's blog on Prism Legal, Bentham's Dave Kerstein discusses the evolution of the litigation finance industry in the U.S. and discusses why law firms increasingly look to funding as a means to reduce risk.
With corporate legal departments facing financial constraints, litigation funders like Bentham IMF are emerging as vital partners for companies looking to recover assets and protect their rights in the marketplace.
