Blog

IMF Bentham re-introduced funding for small claims due to the continuous amount of enquiries it was receiving from claimants with meritorious small claims but a lack of funds to pursue them. Find out more about how small claims funding can help to minimise litigation risk for both claimants and practitioners.

In September, Bentham hosted leading experts, litigators and academics for a roundtable discussion about the role that litigation funding might play in Canada.

Bentham must consider a host of important financial and economic factors when considering whether to fund a case.

Earlier this month, the Queensland Parliament enacted legislation to allow class actions to be commenced in the Supreme Court of Queensland. The new regime largely adopts class action procedures already in place in other jurisdictions. IMF Associate Investment Manager, Alexandra McVay, details more about the new regime.

In the latest issue of Canadian Business Magazine, Sarah Niedoba explores the growth of litigation funding in Canada.

Bentham welcomes a new addition to its U.S. investment committee - former chief judge of the Northern District of California, Vaughn R. Walker.

Litigation funding is rising in Asia, giving law firms and their clients new opportunities to pursue strong claims in a wide variety of cases.

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.

Firms that are experiencing a slowdown may find value in litigation funding as a means of taking on high-risk cases.

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.

Though the ancient doctrine of champerty is on the decline, it’s still used in some jurisdictions to invalidate funding agreements.

There are ethical rules funders and lawyers must be mindful of that prevent a third party from directly influencing case strategy.

Los Angeles Investment Manager David Gallagher recently participated on a panel discussion about litigation funding hosted by LACBA's Antitrust & Unfair Business Practices Section.

Bentham's Matthew Harrison participates in a panel discussion focused on the “Financial Aspects of Intellectual Property Litigation.”

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.

The results of Norton Rose Fulbright's 2016 Litigation Trends Annual Survey are in and show a rising trend in the use of Alternative Fee Arrangements.

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.