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Key Takeaways from LFJs Special Event: How Investors Approach Litigation Finance

Key Takeaways from LFJs Special Event: How Investors Approach Litigation Finance

On Thursday, July 14th, Litigation Finance Journal hosted a digital event, “How Investors Approach Litigation Finance.” The event featured a unique cross-section of investor types, including David Gallagher, Co-Head of Litigation Investing at The D.E. Shaw Group, CJ Wei, Vice President of Private Credit at Northleaf Capital, Benjamin Blum, Managing Director at Flexpoint Ford, LLC, David Demeter, Director of Investment at Davidson College, and Kendra Corbett, Partner at Cloverlay. The event was moderated by Ed Truant, Founder of Slingshot Capital. Below are some key highlights from the discussion: ET: How did you start investing in Litigation Finance? What types of results did you focus on, and how has your strategy changed over time? DG: It takes time to obtain a meaningful number of results from litigation finance investments, and you can learn a lot along the way, even before the results come in. And because you invest in such a small proportion of the opportunities you look at, you try to learn from the investments you don’t make, as well as the investments you do make. And one of the lessons I’ve learned as it relates to deployment strategy, is that good deals are so hard to come by, and are a product of so many variables outside of your control, that it’s better to be responsive to the opportunity set in front of you, than to be wedded to the abstract ideas of portfolio construction or deal structuring. I think adaptiveness is key. KC: We’ve been active in deploying capital in litigation finance for over six years now, and I wouldn’t say our approach has changed dramatically. We’ve been laser-focused on maintaining diversification across cases to avoid binary risks, and finding alignment across all of the involved parties. I think we’ve looked for market specialists, and we haven’t necessarily tried to find litigation finance beta, and instead we’ve looked for partners with a demonstrable value-add and strategic advantage. ET:  For those panelists more interested in credit opportunities in the legal finance space, why did you decide to focus on credit? DG: At the D.E. Shaw Group, the litigation investing team works closely with the Private Credit group, which I like to think broadens the types of deals we do. So, in addition to investing in litigation finance deals with a more typical risk/reward profile, we also invest in less volatile opportunities that are less about litigation risk, and more about timing risk and basic credit risk. BB: There are a few ways to create a credit-like opportunity in litigation finance. In addition, the way David was describing, the other way is to create a credit-like product by lending against a diverse portfolio of individual case fundings. So the asset is a little bit less credit-like, but the investment structure creates a credit-like investment. Both areas are of interest to us, especially when there is strong alignment with the borrower and downside protection through underwriting, to justify accepting a return profile that is either capped or has limited upside. CW: At Northleaf, we have many different funds with many different return hurdles, so we view ourselves as a capital solutions provider to litigation finance businesses. That being said, our thesis around the asset class is akin to a type of Private Credit approach strategy. Principal protection is our priority. We not only have asset coverage of the legal assets, but additional covenants and protections, and bespoke structures where we have guardrails against any downside scenario. ET: From an equity perspective, how is litigation finance the same as, or different from, other equity assets in which you invest? DD: If you suspend disbelief a bit, I would equate it with early venture investing. Liquidity cycles tend to be uncorrelated in the long run, you’re generally creating milestones for capital, outcomes can be pretty skewed, where large winners make up the majority of profit (although it’s certainly more skewed in venture than in litigation finance), and the investment strategy isn’t all that scalable—managers have to be cognizant of all that they’re trying to deploy. DG: I’ll focus on some of the differences. First, a litigation finance investor has no control over the litigation, while an equity investor or investors that own the majority of the company—they do control the company. So the closest analogy is to a class of shares that has no voting rights. Second, LitFin investments are typically illiquid. Equity investments are typically liquid. Another difference is that case outcomes are typically more binary than business outcomes.  And one last difference is that a company you might invest in can pivot and respond as needed to market opportunities, a case you invest in—it pretty much is what it is, and there’s only so much that even the most talented lawyers can do, with the facts and the law involved. ET: One of the common criticisms I hear from fund managers, at least early on in the life cycle, is that investors are not willing to pay management fees to fund their operations. How does the panel respond to this criticism, given that the average litigation finance claim is small—around $3-5MM—and there is a lot of relatively sophisticated operations needed to be conducted by investment managers?   DD: I think there are ways of paying someone a full fee and making sure deployment is there. And that is my primary concern, and I think most LPs primary concern, when it comes to paying a management fee. We’re also concerned about misalignment. At the fund level, people should really be making a large amount of their compensation from performance fees, not salary. KC: It’s definitely a difficult issue. The fee drag that comes with charging investors on committed capital becomes pretty untenable when you’re comparing gross returns to net returns. So from our perspective, at a minimum, fees need to be on an as-committed basis. We’ve also seen scenarios where there is a lower management fee on committed capital that steps up once it’s drawn. It’s just really difficult with some of the commercial litigation strategies to have a full freight fee—2%–committed from investors.

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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.