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

Reformers Warn UK Government Inaction on PACCAR Reversal Threatens Litigation Funding Integrity

By John Freund |

Frustration is mounting over the UK government's failure to act on reversing the Supreme Court's 2023 PACCAR decision, with former members of the body that reviewed litigation funding warning that prolonged delay is damaging the market and eroding Britain's standing as a global dispute-resolution hub. Nearly three years on from the ruling, no corrective legislation has materialized.

As reported by the Law Society Gazette, Nicholas Bacon KC and Dr John Sorabji, both former members of the Civil Justice Council's working party on litigation funding, voiced sharp disappointment at the lack of progress. Bacon called the inertia "terribly frustrating" and warned that delay leaves cases trapped in satellite litigation, while Sorabji said the 14-month wait was incomprehensible given the urgency the CJC's report stressed and the ongoing market uncertainty.

The PACCAR ruling reclassified many litigation funding agreements as damages-based agreements, potentially rendering them unenforceable and triggering a wave of disputes over existing arrangements. The Civil Justice Council's review recommended urgently reversing the decision through retrospective legislation, a recommendation the government accepted, alongside a December 2025 pledge from courts minister Sarah Sackman KC to clarify that funding agreements are not damages-based agreements.

Yet no bill has emerged, and the King's Speech contained no provisions on the issue, with employment minister Kate Dearden recently citing the complexity of the review as justification for further time. Reformers warn that continued inaction risks pushing funded cases and investment toward rival jurisdictions, jeopardizing the UK's competitive advantage in international dispute resolution.

Balance Legal Capital Backs £2 Billion Collective Claim Against Booking.com Over Hotel Pricing

By John Freund |

Booking.com is facing a planned £2 billion collective action in the UK's Competition Appeal Tribunal over the pricing provisions in its contracts with hotels, in a claim financed by litigation funder Balance Legal Capital. The case is the latest example of third-party capital powering large-scale, opt-out consumer claims against major technology platforms.

As reported by MLex, the proposed claim will be brought before the Competition Appeal Tribunal on behalf of millions of UK consumers, with proposed class representative Chris Warner alleging that buyers have systematically overpaid for hotel and travel accommodation. Total damages are estimated at more than £2 billion, and the claim is expected to be filed at the tribunal soon.

At the heart of the case are the pricing provisions in Booking.com's agreements with hotels, which the claim contends harmed consumers by inflating the prices they paid. Such "price parity" arrangements have drawn sustained competition-law scrutiny across Europe, providing a foundation for follow-on damages claims of the kind now taking shape in the UK.

The case underscores the central role litigation funders continue to play in the UK's collective proceedings regime, where the scale and cost of opt-out claims make outside capital essential. Balance Legal Capital's backing allows a single representative to pursue redress on behalf of millions of consumers who could not realistically litigate individually. The filing also lands amid intensifying debate over the future of funded collective actions in Britain, as reformers press the government to restore certainty to litigation funding agreements in the wake of the PACCAR ruling.

Senior Indian Advocate Backs Formal Recognition of Litigation Funding, but Rejects Lawyer Success Fees

By John Freund |

As India weighs how to modernize the financing of disputes, senior advocate Mahesh Agarwal has staked out a clear position: third-party litigation funding should be formally recognized, but lawyers should not be permitted to take a financial stake in the cases they handle. His comments add a prominent voice to a growing debate over how far India's legal market should go in embracing outside capital.

As reported by Bar and Bench, Agarwal drew a sharp distinction between third-party funding and lawyer participation in outcomes. While supportive of recognizing litigation funding as a legitimate, separate mechanism, he firmly opposed success fees for attorneys, saying, "a lawyer or a law firm getting involved or taking a stake in the litigation, I think we are not that mature as of now."

His concern centers on professional integrity, with Agarwal arguing that India's legal system is not yet equipped to manage arrangements in which attorneys profit directly from the results they secure for clients. The distinction mirrors the approach taken in several jurisdictions that permit third-party funding while restricting contingency-style lawyer compensation.

Agarwal also voiced unease about the state of Indian arbitration, observing that it "has lost respect" amid mounting delays and challenges, and suggested mediation may prove more effective for resolving commercial disputes. He further criticized "no order as to costs" practices that allow parties to litigate without financial consequence, encouraging prolonged and frivolous disputes. Taken together, his remarks frame litigation funding as a tool that could strengthen access to justice in India, provided it is introduced with appropriate guardrails.

Rocade CEO Says Law Finance Deal Is About ‘Choosing the Winners’ as Litigation Finance Matures

By John Freund |

Days after Rocade Capital announced its acquisition of fellow funder Law Finance Group, chief executive Brian Roth is framing the deal as a marker of a maturing asset class, one in which strategic combinations reflect strength rather than distress. The commentary offers a window into how industry leaders are reading a wave of consolidation now reshaping litigation finance.

As reported by Bloomberg Law, Roth characterized the transaction as evidence that "consolidation is a sign of a maturing asset class," drawing a sharp contrast with earlier deals in the sector. Much of the prior M&A activity, he suggested, stemmed from distressed situations that "look like maybe more of a foreclosure or wind down."

"This is the opposite, right?" Roth said. "This is choosing the winners." In his telling, the litigation finance market has reached a point where acquiring well-performing firms represents genuine sector growth, rather than the rescue of failing entities, a distinction he sees as fundamental to understanding where the industry is headed.

The combined platform, which has deployed more than $2.3 billion, positions Rocade to extend its reach beyond its traditional mass tort and contingency-fee niche into Law Finance Group's appellate, commercial, and single-case business. Roth's remarks come amid intensifying interest in litigation finance from institutional capital and a broader debate over how the sector should scale. As funders weigh their own growth strategies, his framing of consolidation as a sign of maturity, rather than weakness, is likely to resonate across a market still defining its trajectory.

New Jersey Bill Would Mandate Disclosure of Third-Party Litigation Funding Agreements

By John Freund |

New Jersey has joined the growing list of states moving to regulate third-party litigation funding, with an Assembly bill advancing that would require disclosure of funding agreements and impose substantive limits on funders' role and returns. The measure reflects mounting legislative interest in bringing transparency to a market that has largely operated outside formal oversight.

As reported by Shore News Network, Assembly Bill 2159 would require parties in civil and administrative cases to disclose litigation funding agreements to the court for in-camera review within 30 days of filing or executing the agreement, whichever is later. The Assembly Financial Institutions and Insurance Committee advanced the bill with amendments on June 7, moving it forward for further consideration.

Beyond disclosure, the legislation imposes meaningful guardrails on funder conduct. Funders would be prohibited from influencing case decisions, settlement negotiations, or legal strategy, and could not provide legal advice or select attorneys. The bill caps a funder's share at no more than 25% of litigation proceeds and limits combined payments to funders and attorneys to 50% of any recovery absent explicit consent. It also bars the assignment or securitization of funding agreements.

The bill carries real enforcement teeth: violations would constitute unfair or deceptive practices under New Jersey's Consumer Fraud Act, agreements could be deemed unenforceable, and funders would become jointly liable for court costs and sanctions imposed on funded parties. The proposal adds New Jersey to a widening field of states, alongside recent action in Kansas and Illinois, testing how far funding regulation should reach.

Australian Court Holds Julian Wright’s Litigation Funders Liable for Billionaire Sister’s Legal Costs

By John Freund |

A Western Australian court has found the litigation funders who backed Julian Wright's failed fraud claim against his billionaire sister, Angela Bennett, liable for her legal costs, leaving the financial backers facing heavy losses. The ruling is a pointed reminder that funders who bet on high-stakes litigation can be left exposed when a case collapses.

As reported by Business News Western Australia, the dispute stems from Julian Wright's suit against Bennett and the estate of his late brother, Michael Wright, alleging the siblings concealed the true scale of the family's mining wealth and deprived him of millions in royalties. At the heart of the case was Wright's 1987 sale of his one-third stake in the family business for $6.8 million, two decades before a mining boom transformed the company's fortunes.

Wright's claim was dismissed, his bid for leave to appeal to the High Court was rejected, and he was ordered to pay his sister's legal fees. With Wright unable to satisfy that obligation, the court has now turned to those who financed his litigation, holding the funders responsible for Bennett's costs.

The decision underscores the downside risk inherent in litigation funding, particularly in non-recourse arrangements where funders absorb the cost of failure. For backers who anticipated substantial returns from a successful claim against a mining fortune, the outcome is a costly lesson in adverse-costs exposure, and a cautionary tale that will resonate with funders weighing speculative, high-value disputes.

Makate Seeks to Privately Prosecute Former Funders Claiming 40% of His Vodacom Settlement

By John Freund |

The dispute between Nkosana Kenneth Makate, the inventor of Vodacom's "Please Call Me" service, and his former litigation funders has escalated sharply, with Makate now seeking to bring criminal charges against the backers who claim a 40% share of his settlement. The move marks a dramatic turn in a saga that has placed the validity of a litigation funding agreement at its center.

As reported by MyBroadband, Makate is seeking a *nolle prosequi* certificate from the National Prosecuting Authority, a document that would clear the way for his legal team to privately prosecute his former funders. The certificate is typically issued when the state declines to pursue criminal charges, enabling a private party to take the matter forward.

The escalation builds on Makate's civil challenge to a November 2011 funding agreement under which Black Rock Mining, a vehicle associated with businessman Errol Elson, asserts entitlement to 40% of any Vodacom recovery. Makate has argued the company "never existed, except on paper," lacked the capacity to fund his litigation, and that the arrangement amounts to fraud, allegations the funders dispute as they press their claim to the proceeds.

By pursuing criminal as well as civil remedies, Makate is intensifying pressure on his former backers and raising the stakes in a closely watched fight over funder conduct and capacity. The outcome could carry significant implications for how South African courts scrutinize litigation funding arrangements when long-delayed claims finally yield substantial recoveries.

Record Court Backlogs Are Reshaping the UK Legal Expenses Insurance Market, Report Finds

By John Freund |

Mounting delays across the UK's civil courts and employment tribunals are forcing a rethink in the legal expenses insurance sector, according to a new report that warns extended claim lifecycles are driving up costs and straining a market that underpins access to justice for millions. The findings carry implications for the broader litigation funding and after-the-event insurance ecosystem.

As reported by Insurance Business, the *Insuring Justice* report, produced by legal expenses insurer ARAG and The Purpose Coalition and presented at the House of Commons on June 8, highlights a sector that protects more than 10 million households and millions of businesses across the UK. The report documents court delays that have reached critical levels, with small claims now averaging 40.6 weeks to trial and multi-track cases 62 weeks, both well beyond pre-pandemic timelines, and claimants in some regions waiting nearly three years.

Employment tribunals face even sharper pressure, with caseloads in England and Wales reaching 68,192 by January 2026, a 50% annual increase, as new claims approached 50,000 while disposals fell by nearly 20%. Those extended timelines translate into higher defence costs, greater reserve uncertainty, and increased exposure for employers, particularly small businesses without in-house legal resources.

The report urges a shift toward early intervention, noting that most policies provide telephone legal advice before disputes escalate to formal proceedings. ARAG's chief executive called for government partnership to expand early legal advice and ease pressure on a system whose delays increasingly shape the economics of insuring, and financing, litigation.

Funded by LitFin, More Than 20 European Publishers Seek €640 Million from Google Over Adtech Abuse

By John Freund |

A coalition of more than 20 European news publishers is pursuing Google for roughly €640 million (£552 million) in damages over alleged abuses in its advertising technology business, in a grouped claim financed by Prague-based litigation funder LitFin. The action illustrates how third-party capital is enabling smaller media players to band together and take on one of the world's largest technology companies.

As reported by Press Gazette, the publishers span eight countries, including the Czech Republic, Estonia, France, Hungary, Finland, the Netherlands, Poland, and Sweden. The claim follows the European Commission's €2.95 billion fine against Google, which found that the company abused its dominant position by favoring its own AdX exchange over rivals in both publisher ad-server services and programmatic buying tools.

LitFin is financing the litigation on a non-recourse basis, absorbing the costs if the claim fails and taking a share of any damages awarded if it succeeds. The funder's chief operating officer framed the collective approach as a way to level the playing field, noting that "by bringing a grouped claim, we can utilise efficiencies of scale to make this kind of action available to smaller players across Europe."

The European claim is part of a widening global front against Google's adtech practices, with U.S. publishers pursuing parallel litigation in federal court. For the litigation finance industry, the case underscores funders' growing role in aggregating dispersed commercial claims into viable, large-scale actions, particularly in the wake of regulatory findings that supply a ready foundation for follow-on damages.

Nonprofit Milestone Foundation Forms Advisory Council to Champion ‘Simple Interest’ Litigation Funding

By John Freund |

The Milestone Foundation, a western New York nonprofit that bills itself as the country's only organization dedicated to litigation funding for plaintiffs, has assembled a new advisory council to advance its mission and promote a funding model built on simple, non-compounding interest rates. The move marks an effort to position nonprofit funding as an alternative to the high-cost consumer products that have drawn regulatory scrutiny.

As reported by Law.com, the Buffalo-based foundation unveiled a multi-disciplinary council spanning the full litigation ecosystem, drawing together professionals from across the plaintiff, finance, and legal services landscape to guide its work and broaden its reach.

Founded in 2016 by John and Amy Bair, the Milestone Foundation operates as a 501(c)(3) nonprofit and offers pre-settlement funding at 15% simple interest and post-settlement funding at 10% simple interest, with interest that never compounds. Like commercial consumer legal funding, its advances are non-recourse, meaning plaintiffs owe nothing if their case is unsuccessful. The foundation says it has provided more than $6 million in funding to over 900 plaintiffs in partnership with more than 320 law firms nationwide.

The council's formation comes amid intensifying debate over how consumer legal funding should be priced and regulated, exemplified by recent state legislation such as the Kansas Transparency in Consumer Legal Funding Act. By emphasizing transparent, simple-interest terms, the foundation is staking out a distinct position in a market often criticized for opaque and compounding charges, offering a model that supporters argue better aligns funding costs with plaintiffs' interests.

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