Blog

New Zealand Feltex case highlights importance of choosing a reliable litigation funder

The Supreme Court of New Zealand has dismissed an application for leave to appeal an “unless” order striking out the proceedings unless the claimants’ provided security for costs by a certain date. The case was a multi-party action brought on behalf of some 3,600 investors in the failed carpet-maker, Feltex Carpets Ltd (Feltex). Despite the case being funded, the security was never provided and the Supreme Court’s refusal to grant leave has effectively brought the case to an end.

Third-party funding and Shariah (Islamic) compliance

Third party funding (TPF) of disputes is now an established financial product in many jurisdictions around the world, including in Europe and the US. The use of TPF has also been growing in the Middle East, especially since the start of the Covid-19 pandemic, with interest coming both from funders entering the market, as well as from claimants wishing to use external finance for their disputes.

So, the defendant filed for bankruptcy … what’s next?

Plaintiffs that suddenly find themselves with an insolvent defendant face new obstacles and costs in continuing to litigate their claim. Omni Bridgeway's Amy Geise and Deidre Carey Brown of ForsheyProstok offer insight into how litigation finance can help.

Unwilling but able: how to successfully enforce favourable judgments or awards against evasive debtors

In a webinar for the Association of Corporate Counsel (ACC) Australia, Omni Bridgeway Investment Manager Leanne Meyer chatted with our Head of Enforcement for Asia, Marjolein van den Bosch-Broeren, about the role a dispute funder plays in enforcing judgments and awards from unwilling or evasive debtors and early steps in-house counsel can take to safeguard collectability.

Dispute funding for financially distressed companies

Ken Epstein of Omni Bridgeway, along with other panelists, provide valuable insight into the fundamentals of litigation finance and how it can be used by companies facing financial distress or insolvency in this Turnaround Time podcast.

Financial transparency the best policy for funders

As litigation finance continues to grow in international markets, the English Court of Appeal issued a judgment earlier this year sending a strong message that funders be well capitalised and transparent about their financial position. Alistair Croft discusses this recent case, as well as Omni Bridgeway’s stance on these matters as a listed company.