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Legal recovery programs and dispute resolution finance

Recent reports show that companies are forgoing millions of dollars in dormant claims and unpursued recoveries. An expected economic downturn is likely to exacerbate this problem as companies’ legal budgets are reduced further, making it less likely that funds will be expended on disputes. A legal recovery program, combined with dispute resolution finance, can mitigate these problems and generate revenue and value for companies.

Second class action commenced seeking compensation for combustible cladding on Australian buildings

Global dispute financier IMF Bentham Limited and William Roberts Lawyers have commenced a second product liability class action in the Federal Court of Australia under consumer protection laws. The action is against the manufacturer of ‘Vitrabond’ PE core cladding products, Fairview Architectural Pty Ltd. It follows the commencement in February 2019 of a class action against the manufacturers of ‘Alucobond’ PE core cladding products.

The changing world of dispute finance, part 2 – where to next?

IMF Bentham’s Chief Investment Officer (Asia), Tom Glasgow, explains developments in dispute finance in Asia (including jurisdictional nuances and funders’ investment criteria) and Managing Director and CEO of IMF Bentham’s global operations, Andrew Saker, discusses the expansion of funding products available.

Dispute funding and the energy sector

Disputes that arise in the energy sector are invariably complex, high value and often cross-border in nature. Common examples include disagreements about the construction or operations of oil and gas extraction projects, power production projects, commodity contract disputes and joint venture disputes. These types of commercial disputes are increasingly referred to international arbitration.

Cost budgeting: controlling the costs of litigation

One of the most significant challenges for in-house legal teams is resource and budget limitations. Costs budgeting by both sides in litigation has the potential to enable the Courts, as well as the parties, to better manage and control the costs of the litigation and to avoid the risk of costs becoming disproportionate to the claim size.

IMF Bentham’s CEO Andrew Saker responds to ALRC reform recommendations

As Australia’s pioneer of commercial litigation funding and leading funder, IMF Bentham has a particular insight into the current system. Class actions are particularly complex and costly. Each action involves different circumstances, considerations and issues. We think that some of the ALRC’s recommendations will benefit class members and improve the existing class action regime.