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Law Commission calls for further submissions on draft procedure for class actions

The Aotearoa New Zealand Law Commission handed down its supplementary issues paper in its ongoing review of class actions and litigation funding in New Zealand and has confirmed its view that a statutory class action regime is desirable, observing that even those submitters who were sceptical of the benefits of class actions preferred the certainty of such reform.

Champerty pops up again!

Champerty pops up again! Is it time to put the maintenance and champerty rules to the test? Senior Investment Manager, Jeremy Marshall shares his views.

'Super priority' rescue finance in Singapore

In what may prove to be a landmark decision for both of Singapore’s insolvency and litigation finance regimes, the Singapore High Court (HC) has ordered that Omni Bridgeway’s financing of an undisclosed private international arbitration be given super priority status in the context of a corporate restructuring.

Statutory price cap proposal: leaving victims of wrongdoing with nowhere to go

The Australian Government is considering the merits of legislating a minimum return to group members in funded class actions, potentially as high as 70 per cent of gross proceeds. The introduction of a 70 per cent minimum would be a completely arbitrary measure and is not supported by reference to any analysis of the negative implications for the funding of class actions or the risks being assumed by litigation funders.

Did you read the last NDA you signed?

Did you read the last NDA you signed? Jeremy Marshall discusses the important UK Supreme Court decision in Harcus Sinclair LLP v Your Lawyers Limited and others and explains why an automatic e-signature could be very costly for lawyers and funders alike.

Canada Modernizes its Model Bilateral Investment Treaty

We take a deep dive into Canada’s amendments to its Foreign Investment Promotion and Protection Agreement Model ("model FIPA"). For foreign investors or parties bringing claims under new investment treaties, we discuss the key procedural and substantive changes.

The love-hate relationship with audit negligence

With the Supreme Court recently handing down its decision in Manchester Building Society v Grant Thornton LLP and Khan v Meadows, Omni Bridgeway’s Jeremy Marshall highlights the challenges associated with litigation funding cases relating to audit negligence.

Third-party funding in the MENA region

The international market for third-party funding is growing rapidly, driven by the increased use, cost, and complexity of international arbitration, together with increasing demands on arbitration parties and practitioners to manage the associated costs and risks and is gradually becoming more accepted in the Middle East and North Africa (MENA) region.