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

Innsworth Loses High Court Challenge to £200M Mastercard Settlement Distribution

By John Freund |

The High Court has rejected litigation funder Innsworth's judicial review challenge to the Competition Appeal Tribunal's distribution of the £200M Merricks v Mastercard settlement, ending the first substantive test of a CAT settlement decision and handing class representative Walter Merricks what he called "a total victory."

As reported by Legal Futures, the CAT's January ruling allocated the first £100M to consumers, repaid Innsworth its estimated £46M outlay, and capped the funder's profit at 50% — roughly £23M — for a guaranteed total return of about £68M. In setting a 1.5x return, the tribunal noted that the settlement of a claim originally valued at £14bn was "very far from a success" for the 44M-member class.

Lord Justice Males rejected all three grounds of review, observing that a 50% profit "was not a bad result" for a funder that would likely have lost its entire investment had the case gone to another trial. Merricks accused Innsworth of seeking "to elevate its grab for profits over and above all other considerations," and said distribution to consumers can now begin. Innsworth, which is separately pursuing arbitration against Merricks, warned that inadequate funder returns will drive "a reallocation of capital towards lower-risk claims," and accused the CAT of acting as "a de facto regulator of the litigation funding market" while offering no clear guidance on permissible returns.

Winward Litigation Finance CIO Jeremy Marshall predicted the ruling "will certainly put the brakes on funders' appetites" for CAT claims.

North Carolina Senate Approves Litigation Finance Ban, Sending HB 315 to the House

By John Freund |

While most state legislatures have pursued disclosure and registration regimes for litigation finance, North Carolina is advancing something far more drastic: an outright ban.

As reported by Bloomberg Law, North Carolina senators have approved legislation that bans litigation finance in the state, sending the measure to the state House.

The vehicle is House Bill 315, which began life as a "Gift Card Theft & Unlawful Business Entry" bill before being rewritten in the Senate as "an act to prohibit litigation investments in the civil justice system, to prevent the civil justice system from becoming a financial investment market." The amended bill makes it unlawful "to engage in litigation investment" in North Carolina or to furnish litigation investment to a party or counsel of record in a civil proceeding — defining litigation investment broadly as any provision of money for litigation fees, costs, or expenses in exchange for repayment contingent on the outcome.

The bill carves out narrow exceptions for contingency-fee arrangements, insurer obligations, nonprofit legal aid, non-contingent loans, and funding from family members. Its legislative findings lean heavily on national security concerns, citing the risk of undisclosed foreign persons and entities investing in domestic litigation.

The measure stands in sharp contrast to recent state activity elsewhere — Kansas, Michigan, and New Jersey have all advanced transparency-focused frameworks this year that regulate rather than prohibit the industry. If enacted, North Carolina would become one of the most restrictive litigation finance jurisdictions in the country, and industry critics have already characterized the gut-and-replace maneuver as a legislative bait-and-switch.

Class Representative Moves to Withdraw UK Instrument-Maker Claims After Funding Falls Through

By John Freund |

A proposed UK collective action against major musical instrument manufacturers is collapsing for want of litigation funding — a concrete illustration of the financing squeeze facing claims in the Competition Appeal Tribunal.

As reported by Law360, consumer rights advocate Elisabetta Sciallis applied on Wednesday to withdraw her proposed class action against Fender, Yamaha, and other musical instrument manufacturers, saying she had been unable to secure litigation funding despite years of effort.

Sciallis, a principal policy adviser at consumer group Which?, filed a series of proposed opt-out collective actions in 2022 on behalf of consumers who purchased musical instruments, following on from Competition and Markets Authority decisions fining several manufacturers for resale price maintenance. The claims had been stalled at the certification stage for years, and the tribunal had grown increasingly impatient: a March 2026 case management order listed a preliminary hearing for after June 5 specifically to determine the adequacy of the proposed class representative's funding and insurance arrangements.

The withdrawal underscores a broader theme in the UK collective actions regime. With the CAT tightening its scrutiny of certification and funder returns — and with the Innsworth-Mastercard distribution fight casting doubt on the economics of opt-out claims — funders have become increasingly selective about which collective proceedings they will back. For proposed class representatives unable to assemble a viable funding package, even claims that follow on from regulatory infringement findings may prove impossible to sustain.

£3.7M in Unclaimed Boundary Fares Settlement Funds Directed to Free Legal Advice Across the UK

By John Freund |

More than £3.7M left unclaimed from a funded rail passenger class action is being redeployed to support free legal advice services across the UK, offering a window into what happens to undistributed damages in the Competition Appeal Tribunal's collective actions regime.

As reported by Consumer Voice, the money comes from the Boundary Fares class action involving South Western Trains, brought on behalf of passengers allegedly overcharged for journeys extending beyond their London Travelcard zones. While thousands of class members came forward, millions of pounds remained unclaimed when the settlement distribution closed, and the CAT awarded the residue to the Access to Justice Foundation.

The foundation has now announced the recipients of its Improving Lives Through Advice 2026 programme, a three-year grants initiative funded by the unclaimed damages that will support 16 organizations providing free legal advice on housing, employment, debt, and consumer issues. In approving the award, the tribunal said the money "could make a huge difference in facilitating access to justice for the needy and vulnerable."

The scale of demand was striking: the grant programme received 315 applications requesting more than £70M. Foundation chief executive Clare Carter noted that while the £3.7M will have real impact, it "will not be sufficient to meet the sheer scale of unmet need," with more than 11M people each year failing to get help with legal problems.

The award also highlights the persistent take-up challenge in opt-out collective proceedings, where low claim rates routinely leave substantial settlement funds undistributed.

Legal-Bay Expands Summer Lawsuit Funding Programs for Plaintiffs Facing Seasonal Costs

By John Freund |

Consumer legal funder Legal-Bay LLC is expanding its summer funding initiatives to help plaintiffs manage rising seasonal expenses while their cases work through the courts.

According to PR Newswire, the New Jersey-based company is positioning its non-recourse cash advances as an alternative to credit cards, personal loans, or premature settlement offers for plaintiffs facing summer costs such as travel, childcare, camps, and higher utility bills. Because the advances are non-recourse, clients repay only if their case resolves successfully; if there is no recovery, there is no repayment obligation.

"Summer should be a time for families to relax and enjoy themselves, not worry about how they're going to pay bills while waiting for a lawsuit to settle," said CEO Chris Janish. "Our mission is to provide fast, transparent legal funding that helps plaintiffs maintain financial stability throughout the litigation process."

Legal-Bay reports increased demand for lawsuit funding during the summer months, and says it works directly with attorneys and plaintiffs nationwide to expedite approvals — often delivering funding decisions within 24 to 48 hours of receiving required documentation. The company funds a wide range of case types, including personal injury, motor vehicle accidents, slip and falls, wrongful termination, workplace discrimination, medical malpractice, and mass tort litigation.

The seasonal push reflects a familiar pattern in the consumer legal funding market, where demand tends to track household cash-flow pressures as much as litigation timelines — and where funders increasingly market liquidity as a tool for plaintiffs to avoid settling early at a discount.

Felix von Zwehl Launches German Litigation Funder MOMENTUM Legal Finance

By John Freund |

A new entrant has arrived in the European litigation funding market, with Felix von Zwehl announcing that MOMENTUM Legal Finance, a German funder he has spent recent months building, is now operational. Von Zwehl brings more than 15 years in dispute resolution and a decade in litigation finance to the venture, which is positioned around the enforcement of high-value commercial claims.

According to MOMENTUM Legal Finance, the firm is built on the conviction that markets create sustainable value only when their rules are respected, and that conduct such as cartels, abuse of dominant position, market manipulation, and intellectual property infringement harms not only individual claimants but trust, competition, and market integrity more broadly. The funder frames its mission as making private enforcement accessible, disciplined, and economically rational for those who have suffered harm.

MOMENTUM's model centers on financing the enforcement of claims and participating in the recovery upon success, with a deliberate focus on a select number of high-value commercial disputes. The firm also offers a claim-purchase option, acquiring claims outright to provide immediate liquidity. It says it combines legal-AI tools with the experience of senior industry figures on its advisory board to strengthen legal analysis, while stressing that technology is meant to support rather than replace human judgment.

Von Zwehl emphasized a client-centric approach, pledging to work directly with claimants as decision-makers rather than through layers of committees and to remain committed to cases through resolution. The launch adds further depth to Germany's increasingly competitive litigation funding landscape.

Burford Capital Sees Growing Market for Minority Equity Stakes in Elite Law Firms

By John Freund |

Burford Capital intends to expand its minority equity investments in elite law firms across the United Kingdom and United States, betting that growing appetite for law-firm ownership will open a new avenue alongside its core litigation finance business. The plan signals deepening convergence between funders and the firms they back.

As reported by Law360, Burford's new London-based chief operating officer told the publication that the funder plans to step up minority stakes in top-tier firms that already use its litigation finance. The strategy reflects what Burford describes as a growing market for law-firm equity, as relaxing rules on outside ownership in some jurisdictions create openings for capital providers to take direct positions in legal practices.

The move builds on arguments Burford leadership has advanced in recent months in favor of outside capital in law-firm ownership, positioning the funder to participate not only in the outcomes of individual cases but in the enterprise value of the firms litigating them. By targeting firms that are already clients, Burford can underwrite equity investments informed by an existing understanding of a firm's case portfolio and performance.

The plan lands amid an intensifying debate over non-lawyer ownership of law firms, with regulators in the U.S. and U.K. taking divergent approaches and several states moving to restrict private equity and outside investor control. For Burford, the largest publicly traded litigation funder, expanding into minority equity stakes represents a calculated push to broaden its footprint in a legal market increasingly open to institutional capital.

Uber Demands Mishcon de Reya’s Communications with Former Funder Harbour in £340M Claim

By John Freund |

Uber has asked a London court to order law firm Mishcon de Reya to hand over its communications with a former litigation funder, arguing the documents are not privileged and could show that claims worth £340 million were brought out of time. The dispute reopens a recurring and contentious question in funded litigation: how far the shield of privilege extends over a party's dealings with its funder.

As reported by Law360, Uber is seeking correspondence between Mishcon de Reya and Harbour Litigation Funding Ltd., the funder previously connected to the claim valued at roughly £340 million ($455 million). Uber contends that the materials lack legal privilege and are therefore discoverable, and that they could demonstrate the claims were filed outside the applicable limitation period.

The request places the discoverability of funder communications squarely at issue. Parties resisting such demands typically argue that exchanges with funders are protected by litigation privilege or work-product principles, while opponents counter that purely commercial or timing-related communications fall outside those protections. Uber's bid frames the funder correspondence as potentially decisive on the threshold question of whether the claims are time-barred.

The application reflects a broader trend of defendants probing the relationship between claimants, their counsel, and their funders, particularly where the timing or financing of a claim may bear on its viability. The outcome could offer further guidance on where English courts draw the line between privileged litigation strategy and disclosable funding arrangements, an issue of mounting significance as third-party funding becomes embedded in high-value UK disputes.

CAC Enters UK Contingent-Risk Insurance Market with London Launch

By John Freund |

CAC, the contingent-risk insurance arm of The Baldwin Group, has opened a London office to push into the UK and European market for litigation and contingent-risk insurance, products that increasingly underpin the litigation funding ecosystem. The expansion reflects rising demand for risk-transfer tools as collective actions and funded claims proliferate across Europe.

As reported by Insurance Business, CAC has placed more than $6.5 billion in insurance limits to date and is positioning London as a strategic hub to serve European clients. The firm pointed to a 93% rise in European class actions since 2019 and projections that the European litigation funding market will grow from €3 billion to €7 billion by 2032 as key drivers of the move.

To lead the office, CAC appointed Nick Moore as senior vice-president and head of its London contingent-risk practice. Moore brings more than 15 years across litigation, arbitration, and legal-asset investment, having qualified as a solicitor at CMS Cameron McKenna before holding senior investment roles at litigation funder Therium Capital Management and, more recently, contingent-risk leadership at a global insurance broker.

The London operation will offer after-the-event (ATE) insurance, capital protection cover, insurance-backed financing for law firms, secondary-market trade coverage, and adverse-judgment insurance, a suite of products closely intertwined with how funders structure and de-risk their portfolios. "Clients operate across multiple geographies and their exposures reflect that," said Andrew Mutter, executive vice-president of contingent-risk insurance, framing Moore's cross-disciplinary background as well-suited to the expansion. The entry adds capacity to a market on which litigation funders increasingly rely.

Irwin Mitchell Weighs Private Equity Funding to Buy Out Former Partners

By John Freund |

UK national law firm Irwin Mitchell is considering external private equity investment to repurchase shares held by former partners, a step that would mark another instance of outside capital flowing into the legal profession. The deliberations come as the boundaries around non-lawyer investment in law firms continue to shift on both sides of the Atlantic.

As reported by Law360, the firm is weighing outside investment to acquire shares held by former partners who collectively own more than half of the business. Irwin Mitchell stated that it "hasn't decided to accept outside investment," indicating the matter remains at a preliminary stage rather than a settled course of action.

The concentration of equity among former partners presents a structural and governance challenge, and a buyout funded by external capital could allow the firm to consolidate ownership and chart its strategic direction more freely. Such arrangements have become increasingly viable in England and Wales, where alternative business structures permit non-lawyer ownership of legal practices, a regime that has drawn growing interest from private equity.

The development adds to a steady stream of activity around outside investment in law firms, a trend that sits adjacent to litigation finance and has prompted regulatory pushback in several U.S. states wary of investor influence over legal practice. For the litigation funding community, Irwin Mitchell's deliberations underscore how private capital is steadily reshaping the ownership and economics of the firms that drive litigation, even as the appropriate limits of that capital remain hotly contested.

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