Insights

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.

At present, Hong Kong lawyers are not permitted to charge fees based on the outcome of any proceedings. However, in some jurisdictions around the world, various forms of flexible fee structures are permitted. As Hong Kong is a leading centre for arbitration and wishes to preserve and promote its competitiveness with other popular arbitral seats, the Law Reform Commission of Hong Kong (Commission) established a sub-committee to make recommendations regarding ‘Outcome Related Fee Structures’ (ORFS).

Legal teams globally are facing larger workloads and shrinking budgets, but general counsel can look to litigation finance as a solution.

With a decade under our belt of operating in North America, we discuss our expansion in the region, how we’ve brought dispute funding services to claimants, firms, and companies, and predict what’s in store for the future of the litigation finance industry.

Don’t settle for less - litigation funding offers federal receivers the ability to receive a much larger recovery than under a contingent fee arrangement.

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.

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.

Curious what criteria are considered when a company seeks litigation finance for its trade secrets matters? Our in-house trade secrets expert, Stephanie Southwick, shares insight into what funders look for as well as discusses the benefits of working with us.

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.