Trending Now

Legal Funding Journal is dedicated to informing and engaging the global legal funding community through daily news, insight, analysis and original content.

Latest News

View All

UK Competition Class Actions Face Tightening Scrutiny of Funders and Costs

The legal and economic foundations of opt-out competition claims in the United Kingdom are being tested with increasing rigour, as the Competition Appeal Tribunal and the appellate courts sharpen their examination of whether proceedings are proportionate, workable and genuinely beneficial to class members rather than to their advisers and funders.

As reported by Pinsent Masons, a series of recent decisions has established a markedly more demanding posture at the certification stage and beyond. In Mowi, the Tribunal declined to grant a collective proceedings order after concluding that the costs and benefits of the proposed proceedings did not support certification, expressing concern that any recovery might principally benefit legal advisers and funders rather than the represented class.

Other rulings have pressed on funder economics directly. The Tribunal approved a "drop hands" settlement in the Qualcomm proceedings — delivering no damages to an estimated 29 million consumers — only after close scrutiny and a finding that the claim had minimal prospects of success. In Innsworth, the High Court upheld limits on funder returns, confirming that a funder's profit must be assessed against the outcome actually delivered to the class and must represent a just and reasonable return.

Governance failures have also drawn consequences, with one case producing cost sanctions described as "unreasonable to a high degree" where funders withdrew without disclosure. Courts have separately warned that class representatives self-authorising fees at scale is undesirable and risks blurring the distinction between representative and funder interests.

The developments land alongside a government consultation on streamlining opt-out collective actions, open from 17 July to 25 September 2026, which is considering whether certification thresholds should place greater weight on proportionality and cost-benefit analysis.

Legal Bay Expands Commercial Litigation Funding to Cryptocurrency Fraud Cases

Legal Bay LLC has extended its commercial litigation funding platform to cover cryptocurrency fraud claims, targeting a category of disputes in which claimants frequently hold substantial value that is illiquid or inaccessible while litigation proceeds.

According to a PR Newswire release, the new program is designed for victims of cyber and crypto-related fraud, allowing digital asset holders to access capital without liquidating holdings that are tied up in ongoing proceedings. The company said funding decisions typically arrive within 24 to 48 hours of documentation being submitted, and that the offering is available nationwide to plaintiffs, attorneys and commercial litigation clients.

Legal Bay chief executive Chris Janish said the firm believes it is "the first and most experienced company to evaluate and fund crypto cases nationwide," positioning the expansion as a first-mover step in a claim type that has grown alongside the broader digital asset market.

The move reflects a wider pattern in the funding industry, where capital providers have increasingly sought exposure to digital asset disputes — from exchange insolvencies and recovery actions to individual fraud claims — as the volume and complexity of such matters has risen. Cryptocurrency claims present a particular funding challenge: recovery can hinge on tracing assets across jurisdictions and counterparties, and claimants often face lengthy timelines with limited liquidity in the interim.

Legal Bay is a national provider of pre-settlement funding, commercial litigation funding and lawsuit funding. The company did not disclose the size of the capital allocation supporting the new program.

Google Rivals Line Up Billions in EU Damages Claims as Funders Back the Wave

The European Commission's first enforcement action under the Digital Markets Act has opened the door to a fresh round of private damages litigation against Google, with third-party funders already positioned behind several of the claims.

As reported by Claims Journal, the $1 billion fine levied against Google for self-preferencing and restricting app developers has prompted price-comparison rivals across Europe to press for compensation, with the aggregate value of pending and prospective claims running into the billions.

Several actions are already well advanced. A Berlin court awarded German platform Idealo €465 million ($528.9 million) in November, and a Stockholm court in July ordered Google to pay roughly $1.97 billion including interest in the case brought by Sweden's PriceRunner. Italy's Moltiply Group, which operates Trovaprezzi.it, is seeking €2.97 billion, while U.K. comparison site Kelkoo is pursuing claims worth billions of pounds. Kelkoo chief executive Richard Stables said the company expects its claims "to be impacted somewhat by the DMA decision because it shows that Google is still self-referencing."

Litigation finance is a visible presence in the wave. LitFin is backing two claimant groups suing Google in Amsterdam over its shopping auctions, seeking more than $1 billion combined. LitFin chief operating officer Matej Pardo said "there are already a lot of these claims being filed, and probably more that are (being) prepared," while cautioning that such cases can take up to eight years to resolve.

Thomas Hoppner of Geradin Partners, which advised Idealo, said he expects the decision "will trigger a new wave of litigation." Google said it strongly disagrees with the lawsuits, describing the claimants as "companies looking for a payout instead of investing in their own products."

Connecticut Op-Ed Warns of Hidden Costs of Litigation Funding

A new opinion piece out of Connecticut casts third-party litigation funding as an under-regulated market whose costs ultimately fall on the public, adding to the chorus of consumer- and insurance-side critics pressing for greater transparency.

As argued in a CT Insider op-ed by Lisa Lounsbury, president of Big I Connecticut, the growth of third-party litigation funding (TPLF) has turned lawsuits into an investable asset — with the resulting costs, she contends, showing up in higher insurance premiums borne by ordinary consumers.

Lounsbury acknowledges the access-to-justice case for funding, noting that it can help plaintiffs pursue legitimate claims they could not otherwise afford. But she argues that expanded access does not justify operating without meaningful transparency or consumer protections. In many states, including Connecticut, she writes, consumers who turn to litigation funders have little protection: the industry is largely unregulated, with no caps on fees, no clear disclosure of true costs, and inadequate safeguards against referral arrangements between lawyers and funders.

She reserves particular concern for disclosure in the courtroom, warning that funding deals often need not be revealed to judges — leaving courts unaware of who holds a financial stake, who may be influencing litigation decisions, and whether conflicts of interest exist. The piece adds a Connecticut voice to a national debate over how, and how much, the funding industry should be regulated.

New Jersey Supreme Court Sets Five-Factor Test for Third-Party Funding in Criminal Cases

The New Jersey Supreme Court has established a framework for trial judges weighing the ethical implications of third-party funding in criminal matters, extending scrutiny of outside financing into a context that has drawn far less attention than its commercial counterpart.

As reported by Bloomberg Law, the unanimous court issued the framework in a ruling that upheld the conviction of a defendant whose legal bills had been paid by a witness the state called to testify — an arrangement that raised clear questions about divided loyalties. The opinion set out five factors judges should weigh in determining whether a third-party payment arrangement creates a conflict of interest for a defendant's counsel.

At the center of the decision is the principle that an attorney's duty "requires the attorney's exclusive loyalty to the client, without diversion of that loyalty in favor of another person." By articulating specific factors rather than a blanket rule, the court gave trial judges a structured way to assess when outside payment for a criminal defense threatens that loyalty.

The ruling adds a criminal-law dimension to an ongoing debate over transparency and control in third-party litigation funding, which has largely centered on commercial disputes. For courts confronting funded criminal defenses, the decision offers a template for surfacing potential conflicts before they compromise a defendant's representation.

Counsel Financial Names David Le to Lead Product and Digital Transformation

Counsel Financial has expanded its technology leadership with the appointment of David Le as Director of Product and Digital Transformation, a newly created role aimed at modernizing the platforms that underpin its litigation finance operations.

According to a company announcement, the Buffalo-based firm — a provider of specialized financial solutions for plaintiff law firms and litigation finance stakeholders — said Le will lead its digital transformation strategy, overseeing the development and modernization of internal systems supporting underwriting, operations, reporting, and enterprise-wide workflow. The company framed the hire as a step toward strengthening operational efficiency, data integrity, and scalable technology as it continues to grow.

Le brings more than 15 years of experience leading product strategy and digital transformation across legal, financial, and operationally complex organizations. He most recently served as Senior Product Manager for Financial Operations at Urgently, where he led the modernization of internal payment and financial systems. Earlier roles included Head of Product at a consumer technology company and leadership positions at Anthroware and Garretson Resolution Group, where he directed platform initiatives supporting mass tort and personal injury settlement administration. He began his career in corporate strategy and engineering roles at Toyota.

The appointment reflects a broader trend across litigation finance, where funders are investing in technology to sharpen underwriting discipline, improve reporting, and manage increasingly complex portfolios at scale.

Mbalam Arbitration Win Could Deliver Burford More Than $250 Million

An arbitration award arising from the long-running Mbalam iron-ore dispute could make Burford Capital one of the largest financial beneficiaries of the case, underscoring the scale of returns that commercial litigation finance can generate from a single matter.

As reported by Business in Cameroon, Sundance Resources announced on July 26 that a tribunal constituted under the International Chamber of Commerce's International Court of Arbitration had ruled in its favor, with an award exceeding $600 million against Cameroon. Two days earlier, Burford had confirmed that an award of more than $600 million had been issued in favor of a company whose legal proceedings it finances.

Burford has funded Sundance's case since 2021. Through its subsidiary Burford Asia Investments, the firm provided non-recourse financing to cover legal fees and related costs tied to the arbitration. In its July 24 statement, Burford said its contractual entitlement would exceed AUD 250 million if the award is paid in full — a figure it noted would flow entirely to its own balance sheet, with no share allocated to the investment funds it manages.

The company cautioned that the entitlement is neither cash already in hand nor a measure of net profit, as the final result will depend on costs and the timing of any recovery. The detailed financial terms remain confidential. Even so, the outcome offers a striking illustration of how a single funded arbitration can move the needle for a publicly traded funder.

Ireland’s High Court Affirms Power to Order Disclosure of Third-Party Funding

Ireland's High Court has confirmed that it holds a general power to order the disclosure of third-party litigation funding arrangements, in a ruling that carries particular weight in a jurisdiction where such funding remains largely prohibited.

As reported by the Law Society of Ireland Gazette, the decision came in QPQ Limited v Schute [2026] IEHC 463, an intellectual-property dispute in which the defendant uncovered WhatsApp messages during discovery suggesting that a third party had funded the plaintiff's proceedings and might provide further backing. The defendant sought disclosure of the funding arrangements, arguing it was entitled to know its "true adversary."

Mr Justice Twomey held that the court could order disclosure of third-party funding independent of how that funding came to the court's attention. He drew a distinction between funding provided by parties with an existing interest in the litigation, such as shareholders or creditors, and funding from otherwise unconnected third parties.

"Certain forms of third-party funding of litigation … constitute a tort or crime," the judge observed. "Accordingly, there is a public interest in the exposure of such funding, if it exists."

The ruling underscores the continued restrictiveness of the Irish position, where the torts of maintenance and champerty still limit third-party funding outside a narrow set of exceptions. For non-Irish parties involved in commercial disputes with an Irish dimension, the decision is a reminder that funding arrangements assumed to be confidential elsewhere may be exposed to disclosure, and scrutiny, before the Irish courts.

Investors Increasingly Bypass Funds to Back Litigation Directly

Institutional investors that have long fueled litigation finance through dedicated funds are increasingly going direct, putting capital straight into law-firm and case portfolios rather than routing it through intermediary funders. The shift lets them trim fees and exert greater control over the legal assets they hold.

As reported by Bloomberg Law, the trend marks one of the more pronounced changes in the market in recent years. "It's one of the clearest shifts in the market over the last couple of years," said Jim Batson, chief investment officer at Siltstone Capital.

For investors, the appeal is straightforward. Direct exposure removes a layer of management fees and gives allocators a closer view of underwriting, case selection, and portfolio construction. It also reflects a maturing asset class in which sophisticated capital is increasingly comfortable evaluating legal risk on its own terms.

The move is not without trade-offs. Intermediary funders bring specialized diligence, origination networks, and risk-management expertise that direct investors must otherwise build in-house. Litigation outcomes remain idiosyncratic and slow to resolve, and concentrated direct positions can magnify the timing and binary risks that diversified funds are designed to smooth.

The development lands amid broader signs of a market in flux, from large arbitration awards to high-profile funder insolvencies. As more capital seeks direct access to legal assets, the balance between funders and the investors who back them may continue to shift, with implications for pricing, transparency, and how litigation risk is ultimately distributed.

Woodville Collapse Deepens as Administrators Probe £249M in Loans and Misapplied Investor Funds

The administration of Woodville Consultants, the litigation funder that helped bankroll the wave of UK motor-finance claims, is proving more consequential than its modest headcount suggested, with administrators now examining hundreds of millions of pounds in outstanding loans and the possible misapplication of investor funds.

As reported by Legal Futures, Woodville had funded more than 300,000 claims since 2019 and carried some £249 million in outstanding loans at the point of collapse — figures that stand in stark contrast to its staff of roughly 10. As many as six law firms are understood to be affected.

The funder's model required fixed quarterly returns and fixed repayment dates without reference to actual case recoveries, an arrangement fundamentally misaligned with the uncertain timelines of litigation. That mismatch became untenable once the Financial Conduct Authority's motor-finance redress scheme was suspended, leaving the underlying claims effectively on hold and cutting off the repayments Woodville expected from partner firms.

Administrators are now investigating how the company funded quarterly returns and redemptions to loan-note holders before its collapse, alongside potential wrongdoing and the misapplication of investor funds by directors and introducers. Joint owners Peter Legge and Ann Marie Bell opposed the administration order.

The failure follows a familiar pattern. Fenchurch Legal entered administration in April 2026 and Katch Fund Solutions in December 2025, both citing the prolonged resolution of motor-finance claims — underscoring the sector-wide strain the FCA's redress delays have placed on funders exposed to those cases.

Fundraising

View All

Case Developments

View All

Legal Innovation

View All

People Moves

View All

Regulatory

View All

Consumer

View All

Thought Leadership

View All