Blog

Each month, we aim to update the legal community on issues related to litigation funding in Canada, and also on broader news in the industry.

As litigation funding continues to grow in Canada, how can claimants differentiate between funders and make an informed choice for their funding needs?

As we advance into the second half of 2019, three trends that have taken shape in recent years continue to propel growth of the litigation finance industry. We identify the trends below and discuss why they continue to matter in a sector bringing well-timed disruption to the legal services pricing model.

In this podcast, IMF Bentham’s Tom Glasgow and insolvency practitioner Luke Furler discuss dispute resolution finance for insolvency related claims.

Litigation practice groups can yield predictable cash flows—even while taking matters on full contingency. We explain how portfolio financing makes it possible

In many insurance coverage cases, the insured may forego their coverage claims or settle for pennies on the dollar because the insured lacks the time, energy, and resources to pursue litigation. By working with a litigation funder, the insured can assert its rights with minimal up-front investment

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.

One of the most complex issues facing many in-house counsel is the expense of litigation. Companies, even well-capitalised ones, with potentially valuable claims are often reluctant to pursue them, or see them through to their most valuable stage. Dispute resolution finance can help in-house counsel transform their legal departments from cost to profit centres.

Asia is the fastest-growing economic region in the world. Increasing regional cross-border investment leads to a rise in the number of international commercial disputes. The dispute resolution finance industry in Asia is still developing. However, growth of the industry is expected to be swift. IMF Bentham's Asia-based team have recently co-authored two articles on third-party dispute resolution finance in Singapore and Japan.

IMF Bentham's Nathan Landis shares insights from his experience living and working in the Middle East and why the market for dispute resolution finance is growing rapidly.

While Bentham IMF appreciates the role it can play in giving plaintiffs the resources they need to have a fighting chance in cases where the strength of their claims merit pursuit, we must exercise caution when making investments.

IMF Bentham is delighted to be recognised as the only ‘Band 1' funder in the Asia-Pacific from the legal industry’s leading global directory, Chambers and Partners. We are also one of only two funders ranked Band 1 in the United States.

What many lawyers may not realize is that they can take proactive steps to do something about it—and in the process obtain new, or more, business while forging a stronger relationship with their clients. In working with a litigation funder, outside counsel can develop a plan for alternative fee arrangements for affirmative litigation that will drive revenue for their client, trim litigation costs, and reduce risk.

IMF Bentham’s Matthew Kennedy and Noah Wortman discuss the rapidly evolving class action regime in Australia and how IMF Bentham’s global program assists institutional investors to recover value for shareholders.

IMF Bentham launches US$500m Fund in response to market demand for dispute resolution finance. Total funds under management now close to A$2billion.

Since Bentham IMF commenced operations as the first commercial disputes funder in Canada, there has been significant growth in the number and range of clients looking to implement a litigation funding strategy. As the industry evolves in Canada and across the globe, Bentham IMF is delighted to announce exciting leadership developments.

Litigation funding isn’t just for clients: increasingly, law firms are turning to funders to help them manage the business side of law so that they can better focus on winning cases, meeting client needs, and attracting new business.

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.

We are delighted to advise you of the following leadership developments in IMF Bentham’s Australian business, which will become effective from 1 July.

Litigation finance can serve as a powerful tool for new general counsel looking to transform their law departments. The new GCs are inheriting a rapidly shifting legal department landscape. Increasingly, companies are expecting law department leaders not only to mitigate risk, but to help generate revenue and boost corporate profit margins.