Disclosure in the Spotlight for Patent Cases with Third-Party Funding

The Post Office Horizon IT scandal represented not only one of the most significant cases of institutional malpractice and miscarriage of justice in British history, but also catapulted the use of litigation funding into the public spotlight.

An article in Computer Weekly provides an in-depth summary of the statutory public inquiry into the Post Office Horizon IT scandal, giving readers a detailed account of all the key revelations that emerged across the last three years of the inquiry’s work. The feature breaks down these revelations on a chronological basis, starting in May 2022 with ‘phase one’ of the inquiry’s hearings and going all the way through to ‘phase seven’ in September 2024.

The feature explains how each of these seven phases gathered evidence on different aspects of the scandal, beginning in 2022 with phase one hearing testimonies from the victims, and the phase two investigation into the Horizon IT system itself.

Phase three saw the examination of the Horizon system over the subsequent year, whilst phase four switched focus to assess the activities of lawyers and investigators who participated in the subpostmasters’ prosecutions. Finally, the feature guides us through the inquiry’s work this year, with phases five and six putting the behaviour of directors, politicians and civil servants in the spotlight, before concluding with phase seven that took a broader look at the Post Office’s present and future.

Within the feature, readers can find links to individual articles that provide deep dives into each of these individual phases, cataloguing the most important pieces of evidence unearthed by the inquiry’s hearings. 

The funding of arbitration proceedings brought by mining, exploration and development companies against nation states continues to be a lucrative area for litigation funders, as the announcement of another settlement in one such dispute demonstrates.

A press release from Montero Mining and Exploration Ltd. reveals that the company has reached a $27 million settlement with the government of Tanzania to end the dispute over the expropriation of Montero’s Wigu Hill rare earth element project. The agreement will see the total settlement sum paid out in three tranches over the next three months, with the first payment of $12 million having already been received. Montero noted that whilst the $27 million settlement only represents 39% of the original claim for $70 million, this agreement “obviates the need for a costly and time-consuming hearing, the risk of an adverse award, enforcement efforts, and finally concludes a near 7-year dispute.’

Montero’s arbitration proceedings against the Tanzanian government had been supported via a funding agreement with Omni Bridgeway (Canada), with the litigation funder set to receive an undisclosed return on its investment from the settlement agreement. Whilst Omni Bridgeway’s share of the settlement has not been disclosed, Montero’s announcement did reveal that the funder would receive a distribution from both the first payment and from the second payment of $8 million that is due to be received on or before 31 January 2025. Montero also clarified that “the net amount of the award after repayment to the funder and legal expenses cannot be estimated with certainty and no assurances can be made.”

Montero’s president and CEO, Dr Tony Harwood, provided the following comment on the settlement: ““I am pleased Montero was able to reach an amicable settlement with the government of Tanzania to bring a mutually beneficial end to this dispute. This resolution allows both parties to move forward, and we wish Tanzania every success in attracting new mining investment. I would like to thank our shareholders, board, management, and our legal and technical teams, for their valuable contribution to this outcome.”