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The Recovery Campaign: Combining Asset Tracing and Judgment Enforcement to Get Results

After years of hard-fought litigation, most claimants are thrilled to obtain a final and enforceable judgment or arbitration award. However, more often than one thinks, this excitement is followed by the disappointing realization that the defendant has little interest in voluntarily satisfying the award. This article explores how a judgment creditor might consider creating an enforcement strategy by leveraging an asset trace report. While the research focuses on identifying assets, the ultimate strategy requires a thoughtful engagement between asset tracers and counsel—often across multiple jurisdictions—to achieve success.

Lloyd v Google – a return to first principles

From a funder’s perspective, data breach claims that are to be litigated in England need to be approached in the same way as any other collective group claim – you need to be able to demonstrate that each claimant has suffered a loss. Omni Bridgeway Senior Investment Manager Jeremy Marshall explains.

Champerty pops up again!

Champerty pops up again! Is it time to put the maintenance and champerty rules to the test? Senior Investment Manager, Jeremy Marshall shares his views.

Did you read the last NDA you signed?

Did you read the last NDA you signed? Jeremy Marshall discusses the important UK Supreme Court decision in Harcus Sinclair LLP v Your Lawyers Limited and others and explains why an automatic e-signature could be very costly for lawyers and funders alike.

The love-hate relationship with audit negligence

With the Supreme Court recently handing down its decision in Manchester Building Society v Grant Thornton LLP and Khan v Meadows, Omni Bridgeway’s Jeremy Marshall highlights the challenges associated with litigation funding cases relating to audit negligence.

Third-party funding in the MENA region

The international market for third-party funding is growing rapidly, driven by the increased use, cost, and complexity of international arbitration, together with increasing demands on arbitration parties and practitioners to manage the associated costs and risks and is gradually becoming more accepted in the Middle East and North Africa (MENA) region.

Dispute funding in the U.K. and Singapore: A comparative review and looking ahead

Common law jurisdictions where third-party funding is in its nascent stage, such as Singapore, can look to jurisdictions with a more established third-party funding infrastructure, such as the U.K., to develop and refine its own regime. We engage in a comparative review of the development of litigation finance in the UK and Singapore and look ahead at how funding may continue to evolve there.

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.

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.