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.
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! 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? 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.
Der Bundesgerichtshof hat mit – zum jetzigen Zeitpunkt noch nicht in den Entscheidungsgründen vorliegenden – Urteil vom 13. Juli 2021 (Az. II ZR 84/20) entschieden, dass Abtretungen an einen Inkassodienstleister rechtswirksam sind und kein Verstoß gegen das Rechtsdienstleistungsgesetz („RDG“) vorliegt.
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.
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.
Omni Bridgeway celebrates its high ranking in the 2021 Chambers and Partners Litigation Support Guide and exceptional performance in Lawdragon’s 2021Global 100 Leaders in Legal Finance Guide, with 14 individuals recognised.
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.
The directive, adopted by the EU Commission on November 24th 2020, goes further into detail than the German Declaratory Action 2018 model. Companies are concerned a lawsuit industry is coming to Germany while consumer advocates welcome the new form of action hoping to gain a share of the profitable litigation industry.
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.
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.
Omni Bridgeway (ASX:OBL) is pleased to welcome Camilla Godman as Investment Manager based in London (on secondment to the Singapore office until July 2021).
Please join us in welcoming our new Investment Manager, Anna-Maria Quinke! Based in Omni Bridgeway’s Cologne office, Anna-Maria adds significant value to the team, particularly in antitrust litigation – a key focus for the region.
Increasing numbers of corporate Environmental, Social, and Governance (ESG)- related class actions may benefit from dispute funding due to their size, scope, and complexity.
With the threat of large NPLs (non-performing loans) looming in the face of an economic downturn, financial institutions can turn to dispute funding to alleviate the risk of, and retrieve value from, NPLs.