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Funded $7 Million Preference Claim Against Australian Tax Office Fails on Insolvency Proof

The Supreme Court of Western Australia has dismissed a A$7 million unfair preference claim brought by LCM Recoveries against the Commissioner of Taxation, finding that the company behind the claim had not been shown to be insolvent when the disputed payments were made.

As reported by Murrays Legal, the proceeding — *LCM Recoveries Pty Ltd v Commissioner of Taxation [No 2]* [2026] WASC 327 — concerned $7,005,329.27 paid to the Australian Taxation Office across 86 transactions between December 2012 and June 2013. LCM Recoveries pursued the claim as assignee of the liquidators' causes of action rather than as a funder standing behind the liquidators.

The court was not satisfied that the company was insolvent on the date relied on to trigger the statutory presumption of insolvency, or during the preference period that followed. It found the company faced liquidity problems but that the evidence did not establish an endemic shortage of working capital, noting that its books and records were incomplete and that internal reports relied on by the applicant's expert were too unreliable to establish insolvency. The Commissioner also succeeded on a good faith defence.

The judgment is likely to draw attention for its observations on the economics of assigned claims. On the figures before the court, even a full recovery would have returned roughly $206,916 to unsecured creditors after liquidator remuneration and costs, while the assignee retained the substantial balance. The court described as serious the question of whether an award in favour of an assignee that produces no benefit to the general body of creditors is consistent with the purpose of the preference regime.

Civitas Report Calls for Beneficial Ownership Disclosure and Sanctions Screening in UK Funding

The think tank Civitas has published a report on the UK class action and third-party litigation funding market that calls for funders to trace their ultimate capital ownership to named individuals, arguing that the reforms government has committed to so far leave structural gaps unaddressed.

According to Litigation Nation: The growth of a class action claims culture, written by Danna Brown and published this month by Civitas: Institute for the Study of Civil Society, the Civil Justice Council's 2025 review of the funding market produced 58 recommendations for reform, of which the government committed to accepting only two. The report argues that this approach leaves both the industry and the wider system exposed.

The report sets out three changes it says should be made to third-party litigation funding: a disclosure obligation to trace ultimate capital ownership to natural persons; sanctions screening conducted as a procedural prerequisite rather than a discretionary step; and robust checks to establish that a funder is financially fit to bear the risk it assumes when financing a claim. It concludes that implementing these safeguards "would give the market the institutional legitimacy on which the rule of law depends."

Civitas frames the paper as a contribution to public debate on legal culture, collective proceedings and regulatory reform in England and Wales. The report carries an explicit note that no company, law firm, funder, claims management company or individual named in it is accused or suspected of wrongdoing, and that identifying gaps in the regulatory framework should not be read as an allegation of misconduct against any party.

ARC Holds Up Kansas Law as a Model for Foreign-Funding Restrictions

The Alliance for Responsible Consumer Legal Funding has pointed to Kansas as a template for legislators who want to close off foreign involvement in litigation finance without curtailing consumer advances, arguing that the two categories should be regulated separately.

As reported by The Washington Times in a letter to the editor from ARC President Eric Schuller, concerns that foreign governments may use litigation financing to reach sensitive information or advance strategic interests against American companies "deserve serious attention" — but consumer legal funding, he writes, "is not commercial litigation financing and policymakers must distinguish between the two."

The letter uses H.B. 2518, the Transparency in Consumer Legal Funding Act, as its illustration. The Kansas statute bars consumer legal funding companies from accepting money from a "foreign government or foreign adversary" as those terms are defined under federal law. It also defines consumer legal funding as a non-recourse transaction for household or personal expenses and expressly excludes costs tied to prosecuting the claim itself, alongside prohibitions on funders controlling litigation or settlement decisions and on using advances to pay attorney fees, court costs or filing fees.

Schuller notes the bill passed unanimously in both the Republican-controlled Kansas House and Senate before being signed by Democratic Governor Laura Kelly, and frames that record as evidence the approach travels across party lines.

His closing argument turns on scale. A typical recipient, he writes, is someone injured in a car accident who needs $3,000 or $4,000 to cover rent or groceries while a claim resolves — a transaction he says "bears little resemblance to multimillion-dollar commercial litigation."

Manolete Partners Reports £3.4 Million Settlement in Large Insolvency Claim

Manolete Partners, which describes itself as the UK's leading insolvency claims financing company, has announced the completion of a large case that produced a £3.425 million settlement payment, received in July 2026. The AIM-listed funder said its share of the recovery forms part of expected realised revenues for the current financial year and that board expectations remain unchanged.

As reported by Investegate, the case followed the insolvency of a UK company whose liquidator identified potential claims arising from pre-liquidation transactions involving former connected individuals and entities, with assets held through associated businesses. The estate lacked the resources to investigate and litigate a complex multi-party matter, so the liquidator assigned the claims to Manolete.

The funder's account of the case illustrates the mechanics of insolvency claim purchase. After taking assignment, Manolete conducted its own investigation, assumed the litigation risk and issued proceedings in the High Court. It also obtained proprietary and freezing injunctions against the defendants, which remained in force while the claim progressed — a step aimed at preventing assets from being dissipated before judgment.

"By purchasing the claim, financing the litigation, obtaining asset preservation measures and pursuing recovery through the courts, Manolete converted a complex and potentially high-risk insolvency claim that could otherwise have remained dormant into a multi-million-pound recovery," the company said, noting the insolvency practitioner realised value without committing estate funds to protracted litigation.

Manolete says it has financed and completed more than 1,400 cases to date and puts the UK insolvency claims market it serves at over £500 million annually. The disclosure was made through RNS Reach, the London Stock Exchange's non-regulatory release channel, and was accompanied by a case study published on the company's own site in late July.

India’s Corporate Affairs Ministry to Examine Litigation Funding for Insolvency Clawback Claims

India's Ministry of Corporate Affairs has told a parliamentary standing committee that it will examine third-party litigation funding as a means of pursuing avoidance transactions under the country's insolvency regime, where more than ₹4.38 trillion in creditor value currently sits unrecovered.

As reported by Business Standard, the ministry said in a written reply that "litigation funding for PUFE transactions will be examined in light of global best practices and refined through detailed consultation with all relevant stakeholders." PUFE refers to preferential, undervalued, fraudulent and extortionate transactions — the clawback claims brought against company insiders who moved assets out of a business before insolvency proceedings began. The ministry acknowledged that India's litigation funding market remains nascent.

The scale of the backlog explains the interest. Insolvency and Bankruptcy Board of India data cited in the report shows funds worth over ₹4.38 trillion locked across 1,878 avoidance applications as of March 31, 2026. Through June 2025, only 379 cases involving roughly ₹66,919 crore had been disposed of, with about ₹7,931 crore ordered clawed back.

Practitioners attribute the shortfall to money, not merit. "Third-party funding, if allowed in PUFE claims, could easily cover legal, investigation, and expert costs, with returns tied to success," said Daizy Chawla, senior partner at S&A Law Offices.

The parliamentary panel endorsed the concept while attaching conditions: mandatory disclosure of funding arrangements to the adjudicating authority and the Committee of Creditors, a prohibition on funder control of litigation strategy, transparent return structures, and regulatory oversight by the IBBI.

Trucking Industry Backs Federal Liability Bill Amid Litigation Funding Concerns

A bicameral bill introduced in Congress would bar liability claims premised on vehicle safety standards stricter than those set by federal regulators, and has drawn support from a trucking and insurance coalition that counts third-party litigation funding among the pressures driving up its costs.

As reported by Transport Topics, the Uniform Vehicle Safety Standards Act was introduced on August 6 by Rep. Mike Flood of Nebraska, joined by Reps. David Rouzer, Jay Obernolte and Jake Ellzey, with a Senate companion from Sens. Deb Fischer and Cynthia Lummis. The measure would amend Title 49 of the U.S. Code to prohibit common law claims alleging that a vehicle should have met standards exceeding those established by the National Highway Traffic Safety Administration.

"In recent years, we've seen a sharp rise in lawsuits awarding damages based on state standards instead of the federal safety standards trucking companies are already required to meet," Flood said. Alex Rosen of the American Trucking Associations argued that where NHTSA has determined a standard strikes the right balance, "that expert determination should carry greater weight than hindsight judgments."

The bill itself contains no litigation funding provisions. Funding enters through the coalition assembled behind it, which includes the American Property Casualty Insurance Association and the National Association of Mutual Insurance Companies alongside nine trucking organizations and Werner Enterprises. Research from the American Transportation Research Institute cited in the piece identifies third-party litigation funding and staged accidents as evolving legal threats to carriers, and links excessive litigation to insurance premiums that have climbed 36% over eight years.

For funders, the significance is positional rather than legal. The trucking sector has become one of the more organized constituencies pressing for disclosure and restriction at the state level, and preemption bills of this kind widen the front without naming the industry directly.

Conservative Columnist Argues Litigation Funding Limits Would Disarm the Right

A guest column published this week makes a right-of-center case against pending federal restrictions on third-party litigation funding, arguing that the measures would strip conservative activists and small business owners of the capital they need to litigate against better-resourced opponents.

Writing in The State Journal, Drew Johnson takes aim at the Protecting Our Courts From Foreign Manipulation Act, led by Rep. Ben Cline of Virginia, and at Senator Thom Tillis's proposal to impose a punitive tax on litigation funding proceeds. Johnson is a senior fellow at the National Center for Public Policy Research and the 2026 Republican nominee for Nevada State Treasurer.

His central argument is that the bill's stated purpose, preventing foreign governments from bankrolling harassment suits, is already served by existing mechanisms including CFIUS review and judicial discretion, leaving the new disclosure requirements to do work their sponsors did not intend. Broad disclosure obligations, he contends, would deter funders from backing cases at all, and the resulting shortfall would fall hardest on plaintiffs without institutional balance sheets behind them.

Johnson illustrates the point with Jack Phillips, the Colorado baker who lost an estimated 40% of his income during years of litigation before prevailing at the Supreme Court with backing from Alliance Defending Freedom. Absent outside support, he writes, Phillips "could have easily been forced to surrender."

The column is notable less for its policy analysis than for its author. Litigation funding restrictions have advanced largely on Republican votes, and the industry's defenders have generally come from the plaintiffs' bar. Johnson's framing, that citizens facing wealthy opponents should not be forced to fight alone, is an attempt to contest that ground.

Five Years On, Arizona’s ABS Data Shows No Systemic Ethical Breakdown, Article Argues

An article published in the Arizona State University Corporate and Business Law Journal argues that five years of operating data under Arizona's Alternative Business Structure framework has not produced the ethical failures its opponents predicted, and that the debate is moving from theoretical objections to observable outcomes.

Writing in the ASU Corporate and Business Law Journal, Alex Chucri traces the framework to August 2020, when Arizona became the first state to eliminate ABA Model Rule 5.4 and permit non-lawyer ownership of law firms, with the ABS regime taking effect on January 1, 2021 under Arizona Supreme Court order R-20-0034. The central claim is structural: the state did not remove oversight so much as replace blanket prohibition with licensing, compliance obligations and regulatory accountability. Non-lawyers may hold equity, share profits and participate in management, but only under Supreme Court supervision, with approved compliance counsel, reporting procedures and audit requirements.

The article marshals the program's numbers. Licenses grew from two approvals in 2020 to 15 in 2021 and 25 in each of 2022 and 2023, reaching approximately 150 licensed entities by March 2026, with 114 ABSs actively operating during 2024. No ethics complaints were filed against ABS entities in the program's first three years; the first arrived in 2024, when the State Bar initiated disciplinary action involving two ABS-affiliated attorneys. A preliminary analysis of 2024 disciplinary actions, which the author acknowledges is limited by incomplete ABS staffing data, suggests ABS-affiliated lawyers faced discipline at a rate well below the broader Arizona attorney population.

Readers should weigh the source. Chucri is founder and CEO of Pravati Capital and in 2024 founded 1787 Legal Group, the Scottsdale ABS the article offers as its case in point. The argument nonetheless lands at a moment when several states, Illinois among them this week, are moving in the opposite direction, and Arizona remains the only jurisdiction with a five-year record to argue from.

IVO Capital Partners’ Michael Israel Named Fund Manager of the Month

Michael Israel, chairman and co-founder of IVO Capital Partners, has been named Fund Manager of the Month by RankiaPro, in a profile that traces his path from Paribas and Merrill Lynch to building one of Europe's more active litigation finance investors.

As reported by RankiaPro, Israel founded IVO Capital with Sidney Oury in 2012 following the Lehman Brothers collapse, which he describes as the defining moment of his career. He manages the funds in the IVO range and sits on the investment committee for the firm's litigation finance funds. The Paris-based manager oversees approximately €1.3 billion across listed credit and private credit, with litigation finance and venture debt forming the private side of the book.

The interview is largely a general reflection on investing rather than a litigation finance discussion, but Israel's framing carries over to how IVO approaches the asset class. He describes the cornerstone of the firm's method as an asymmetry lens, consistently assessing how much can be made against how much can be lost and under what scenarios, and highlights strategic importance as an underappreciated form of downside protection. He also argues the industry's principal edge lies less in analysis than in the willingness to act and then continuously reassess.

IVO has been visible in the sector over the past year. The firm launched IVO Legal Strategies Fund IV targeting €150 million, backed a €673 million Dutch consumer claim against Netflix over pricing practices, and joined both the European Litigation Funders Association and the International Legal Finance Association.

The recognition is a mainstream asset management outlet treating a litigation finance allocator as a credit manager, which is roughly the positioning European funders have been working toward.

Investment Note Argues Omni Bridgeway Is Undervalued After Sector Reset

An investment commentary published this week makes the case that Omni Bridgeway's shares do not reflect the quality of its legal assets platform, following a broad repricing across the litigation finance sector.

As reported by Livewire Markets, the piece characterises the ASX-listed company as a fund manager operating in a unique and high-returning asset class, argues that valuation support is clear at current levels, and points to a final close on fund raising expected during August as a near-term catalyst.

The argument rests on operating results the company disclosed at the end of July. Omni Bridgeway reported record FY26 new conditional and unconditional commitments of A$712.2 million across 43 new investments, roughly 38% above FY25, alongside record cash investment proceeds. The company has spent recent years shifting from a balance sheet funder to a manager of third-party capital, a transition given its clearest expression in the A$320 million secondary market transaction with Ares Management completed last year.

The sector reset referenced in the note has been visible across listed funders through 2026, with Burford absorbing a $2.4 billion write-down tied to the YPF reversal and Litigation Capital Management working through covenant waivers. Investors have applied that scepticism broadly, including to managers whose economics depend on fee income from committed funds rather than on outcomes in individual matters.

Whether that distinction gets recognised in pricing is the open question, and the completion of the current fundraising will supply a concrete test of institutional appetite at a moment when the asset class is being reassessed.

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