Key Takeaways from LFJ’s Special Digital Event “Litigation Finance: Investor Perspectives”

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Tata Power has escalated its long-running dispute with Kleros Capital Partners from the courtroom to the police station, with Mumbai Police registering a First Information Report against eight accused parties over an alleged fraud valued at ₹4,800 crore.
As reported by the Free Press Journal, the complaint names Kleros Capital Partners and two former Tata Power employees among the accused, alleging data leakage and criminal conspiracy in connection with a Russian coal mine transaction and the Singapore arbitration that followed.
Tata Power claims that confidential information shared with Kleros under non-disclosure agreements signed in 2013 and 2014 was later used against it in arbitration. It alleges direct losses of roughly $8 million and says a valuation report was prepared without a site visit before being relied upon in the proceedings. None of the allegations has been established in any court.
Kleros commenced SIAC arbitration in November 2020. The tribunal, chaired by Professor Lawrence Boo and including Stuart Isaacs KC and Amal K. Ganguli, issued a liability award in September 2023 and a damages award on 1 July 2025, with the majority ordering payment of $490.32 million plus simple interest at 5.33% per annum.
On 26 August 2026 the Singapore International Commercial Court rejected all three of Tata Power's set-aside applications, finding no breach of natural justice or apparent bias. The Court also held that Omni Bridgeway's involvement in unrelated proceedings involving the arbitrators did not establish apparent bias. Tata Power shares fell 3.89% following the ruling.
Australia's Federal Court has approved a $12 million funding commission to Court House Capital out of a $29.6 million class action settlement, rejecting the suggestion that hindsight should be used to shrink a funder's reward.
As reported by Australasian Lawyer, Justice Lee handed down Top Ryde Financial Services Pty Ltd v RAMS Financial Group Pty Limited (Settlement Approval) [2026] FCA 1652 on 30 October 2026, approving roughly $16.6 million in total deductions comprising $4 million in legal costs and the $12 million commission.
The proceeding was brought by 15 former franchisees of RAMS, Westpac's former home-lending business, who alleged wrongful termination and the withholding of 25% of trail commissions after termination. The settlement deed required payment of $29,624,397.67, made up of withheld trail commission with interest plus an additional sum of approximately $20.8 million. RAMS also agreed to stop withholding part of future trail commission and to offer buy-outs of future trailer income. There was no admission of liability.
The Court acknowledged the commission exceeded the average percentage seen in some recent approvals, but noted that alternative formulas in the funding agreements would have produced either $8.58 million or $16 million. All but one franchisee had signed a funding agreement, and no group member objected. Justice Lee remarked that "a headline percentage may conceal more than it reveals," though he did limit the reach of the settlement deed.
For context, the 7-Eleven franchisee class action settled for $98 million in 2021, inclusive of a $24.5 million funder commission.
Rightmove has challenged the litigation funding agreement underpinning a £1.6 billion collective action against it, arguing that funder Innsworth Advisors holds an excessive degree of control over the proceedings.
As reported by Global Competition Review, the property portal told the Competition Appeal Tribunal that the agreement is structured to secure the funder a potentially inappropriate return, with Innsworth reportedly in line for around £100 million.
The claim is brought by former Competition and Markets Authority panel member Jeremy Newman on behalf of roughly 7,200 class members, largely estate agents, letting agents and new-homes developers who paid listing fees between 1 April 2020 and 1 April 2026. The underlying allegation is abuse of dominance through excessive and unfair fees. The claim is funded by Innsworth Capital, the UK litigation funding arm of Elliott Management, with Scott+Scott UK LLP acting as counsel and Kairos Economics providing economic analysis.
The certification dispute centers on whether the action should proceed on an opt-out or opt-in basis. Rightmove argues that allowing opt-out here would raise questions about when opt-in could ever be appropriate. The proposed class representative counters that forcing an opt-in process is designed to shrink damages or exhaust the budget so that the litigation will "run into the sand," citing complexity, modest individual recoveries and fear of retaliation from a must-have commercial partner as deterrents to signing up.
The Tribunal rejected comparable opt-in arguments earlier in 2026 in Stasi v Microsoft, Ennis v Apple and Brook v Google. Rightmove has said it will defend the claim vigorously.