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Litigation Funding in 2017: Expected Trends From Below the 49th Parallel

In the United States, the litigation finance industry is more mature than in Canada; American law firms and clients often use funding to pursue meritorious commercial litigation. At the same time, the U.S. market is evolving quickly. In just five years since Bentham opened its first U.S. office, it represents approximately 50% of our cases worldwide.

Momentum in the Arbitration World: Recent Global Developments Regarding Litigation Funding

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.

Third Party Litigation Funding: Saskatchewan Makes Six

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.

Maintenance and Champerty: Dead but not buried?

In our conversations introducing commercial litigation funding to the Canadian legal market, we are frequently asked about maintenance and champerty. Under current Canadian jurisprudence, third-party funding does not offend the doctrines of maintenance and champerty.

Firm Expansion and Growth Using Portfolio Funding

Law firms exploring strategic growth have a new financing option to consider. By securing funding against a portfolio of three or more commercial litigation cases on a partial contingency basis, firms gain access to capital provided by Bentham.

Three Qualities Clients Value Most

Recent surveys of corporate counsel demonstrate that they are looking for three important things from their outside advisors. When law firms don’t respond to these demands, they may lose out on litigation opportunities.

What's in a Name?

Bentham IMF in Canada is a subsidiary of Bentham IMF Limited, a public company traded on the Australian Stock Exchange (ASX: IMF). We are the oldest and most experienced commercial litigation funder in the world.