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ClaimShare Joins The European Litigation Funders Association (ELFA)

By Harry Moran |

ClaimShare Joins The European Litigation Funders Association (ELFA)

The European Litigation Funders Association (ELFA) is pleased to announce that Dutch collective claim manager and aggregator ClaimShare, has joined ELFA as an associate member. 

ClaimShare‘s mission is to support people and SMEs that have suffered harm and seek redress from corporate wrongdoers. ClaimShare does this by bundling their claims and providing professional services to organizations that represent the claimants’ interests. Seeking the appropriate litigation funder is a crucial part of that service and for access to justice in general. For years, ClaimShare has advocated the necessity and added value of a dedicated litigation funding association in the EU. The establishment of ELFA is crucial to better inform clients, the legal industry and policy makers in the EU of the essential role litigation funding plays and its mechanics, as well as develop and foster best practices”, said Dirk Jan van den Broek, Managing Director of ClaimShare

Omni Bridgeway‘s Managing Director and ELFA Chairman, Wieger Wielinga, expressed his enthusiasm about ClaimShare joining as an associate member. He stated, “ELFA is delighted to have ClaimShare on board. With Dirk Jan and the broader ClaimShare team, we gain a wealth of experience accumulated through years of assisting claimants and interest organizations, specifically in the European Union in obtaining the redress they might not have otherwise achieved. Their perspective as a claims manager and aggregator will significantly contribute to our organization’s mission and benefit the entire industry.” 

About The European Litigation Funders Association: 

ELFA was founded by three leading litigation funders with a European footprint, and today includes almost all European litigation funders. ELFA, was established to serve as the European voice of the commercial litigation funding industry. With the objective of representing the industry’s interests before governmental bodies, international organizations and professional associations, ELFA also aims to act as a clearinghouse and reference for relevant information, research and data regarding the uses and applications of commercial legal finance within the European continent. ELFA aims to be inclusive for all professional litigation funders of larger or smaller size and to allow specific contributing market participants and academics as associate members. 

About ClaimShare: 

ClaimShare exists to support individuals and interest groups to set up and manage class actions and group actions advancing equitable access to justice. ClaimShare has successfully initiated several well-known impactful claims, helping its clients obtain legal redress regarding leaking silicone breast implants, wrongful electricity pricing and metals fraud.

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Harry Moran

Harry Moran

Commercial

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Deloitte and Grant Thornton Sued in France Over Atos Accounts in Funded Shareholder Claim

By John Freund |

In what is being described as an unprecedented action in French corporate law, nearly 800 shareholders have filed a civil liability claim against Deloitte & Associes and Grant Thornton, the former statutory auditors of Atos, the once-prominent French IT services company and former CAC 40 constituent.

As reported by Atos Audit Action, the claim targets the auditors for allegedly certifying consolidated financial statements that did not reflect the true financial and asset position of the Atos group across six consecutive fiscal years. Shareholders who purchased Atos shares between February 2018 and March 2024 are eligible to participate. The case has been filed with the Nanterre Commercial Court.

The plaintiffs, represented by law firm Vermeille & Co and supported by the Union for the Protection of Shareholders (UPRA), accuse the auditors of approving accounts containing overvalued assets, overly optimistic revenue recognition, and insufficiently provisioned risks. They further allege that the auditors failed to issue going concern warnings despite the company's deteriorating finances, which they argue had been compromised since the early 2020s. Atos shares collapsed from approximately 70 euros in April 2021 to under one euro by April 2024.

The litigation is backed by an unnamed litigation fund that covers all procedural costs in exchange for a commission on any recovery. The case marks the first time in France that a civil liability action has been brought directly against the auditors of a listed company, potentially setting a precedent for future shareholder claims in the French market.

Which? Drops £480 Million Funded Class Action Against Qualcomm

By John Freund |

A £480 million collective proceedings claim against chipmaker Qualcomm has been withdrawn in full after the UK consumer group Which? reassessed its position following trial evidence. The settlement, which requires Competition Appeal Tribunal approval, involves no payment from Qualcomm.

As reported by Non-Billable, the litigation-funded claim was originally filed in 2021 under the UK's collective proceedings framework. Backed by litigation funder Augusta Ventures, Which? alleged that Qualcomm's overcharging at the manufacturer level inflated retail mobile phone prices for millions of consumers. Quinn Emanuel and Norton Rose Fulbright represented Qualcomm in the defense.

According to Quinn Emanuel's statement, the class representative concluded that the tribunal would reject allegations that Qualcomm coerced Apple, chipset manufacturers, or Samsung into unfair licensing terms. The firm's partners Miguel Rato and Marixenia Davilla led the defense alongside Norton Rose Fulbright's Caroline Thomas, Helen Fairhead, Nuala Canavan, and US partner Rich Zembek. Hausfeld, led by managing partner Nicola Boyle, represented Which? with counsel from Monckton Chambers.

The withdrawal underscores the ongoing challenges facing the UK's developing competition class action regime, which has faced uncertainty since the Supreme Court's 2023 PACCAR ruling on the enforceability of litigation funding agreements. For funders like Augusta Ventures, the outcome represents a significant loss on what was one of the higher-profile consumer class actions in the UK market.

Nera Capital Secures £50M Asset Mandate

By John Freund |

Nera Capital has strengthened its litigation finance platform with the onboarding of a new South America-based funding partner committing £50 million across litigation finance and legal assets. The mandate not only expands Nera’s available capital base but also sees the firm formally appointed as asset manager for the new funds, reinforcing its growing role as both originator and portfolio steward within the UK litigation market.

In a press release, Nera Capital announced that the £50 million commitment will be deployed across a range of UK-based claims, with the firm responsible for underwriting, structuring, capital deployment, and ongoing portfolio management. The capital will be allocated in line with Nera’s established investment criteria and risk management framework, targeting carefully selected legal assets. The funding partner, described as having an “extensive track record” in high-yielding special situations investments uncorrelated to traditional asset classes, brings prior experience in litigation finance across South America.

Robin Grant, CFO at Nera Capital, emphasized that the partnership aligns with the firm’s disciplined approach to litigation finance and enhances its ability to deliver attractive, risk-adjusted returns to investors. Aisling Byrne, Director at Nera Capital, highlighted the funder’s blend of financial and legal expertise, noting that the asset manager appointment reflects international confidence in Nera’s ability to identify viable claims and manage them through to resolution.

Established in 2011 and headquartered in Dublin, with offices in Manchester and Holland, Nera Capital provides law firm lending across consumer and commercial claim portfolios and is a member of the European Litigation Funders Association.