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Community Spotlight: Aisling Byrne, Co-Founder, Nera Capital

By John Freund |

Community Spotlight: Aisling Byrne, Co-Founder, Nera Capital

Aisling Byrne is the Co-Founder of Nera Capital, a pioneering legal funding provider reshaping the landscape of litigation finance. Hailing from Ireland, she co-founded Nera Capital in response to the financial challenges following the 2008 global economic downturn, recognising the need for innovative funding solutions to support law firms and their clients.

With deep expertise in litigation finance, she has driven Nera Capital’s expansion into the UK consumer market while spearheading commercial litigation funding across Europe and the USA. Under her leadership, the firm has played a pivotal role in funding landmark actions in many jurisdictions. Beyond her professional achievements, Aisling is a passionate equestrian, competing internationally in showjumping with a talented string of horses.

Company Name: Nera Capital

Company Description: Founded in 2011, Nera Capital was established with a bold vision – to revolutionise legal finance by seamlessly integrating modern technology with traditional values. By funding essential disbursements, Nera Capital empowers law firms to pursue justice without financial constraints, ensuring that clients can access the legal representation they deserve.

With a proven track record of delivering pragmatic funding solutions, Nera has helped partner firms achieve remarkable growth in a short time. More than just a funder, Nera Capital serves as a strategic partner, leveraging its industry expertise, technology and extensive network to drive success for its clients.

Company Website: neracapital.com

Year Founded: 2011

Headquarters: Ireland, with offices in Manchester and The Netherlands

Areas of Focus: Nera Capital provides Law Firm funding across a diverse range of claim portfolios, including Financial Mis-selling, Data Breach, Personal Injury, and more. Always at the forefront of legal finance, Nera continually explores new claim types and remains open to innovative funding opportunities.

Member Quote: “When it comes to litigation funding, strategy and collaboration are key. A well-structured funding solution requires more than just financial backing – it demands a deep understanding of legal complexities, a forward-thinking approach, and a team that is both skilled and adaptable. At Nera Capital, we believe in building long-term partnerships with law firms, providing them with not just capital, but also the strategic guidance and support needed to navigate challenges and maximise success. By combining financial and technical expertise with a keen insight into evolving legal landscapes, we ensure that meritorious claims receive the investment they need to deliver justice.”

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John Freund

John Freund

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Third‑Party Litigation Funding Gains Ground in Environmental Cases

By John Freund |

Environmental suits, increasingly seen as tools to hold governments and corporations accountable for ecosystem destruction and climate risk, often stall or never get filed because of steep costs and limited budgets.

An article in Nature highlights the U.S. commercial TPLF market as managing over US $12.4 billion in assets, showcasing the potential scale of the model for environmental justice. The core argument is that by providing funding to plaintiffs who otherwise could not afford the fight, TPLF can enable lawsuits that address pollution, habitat loss and climate change liability — aligning with broader calls to broaden access to justice in sustainability law. At the same time, the author cautions that TPLF carries risks: it may bring conflicts of interest, shift control of litigation away from claimants, or impose commercial pressures that are misaligned with public-interest goals.

For the legal funding industry this correspondence underscores important dimensions. It signals an expanding frontier: environmental litigation is becoming a viable sector for funders, not just mass-torts or commercial disputes. But it also raises governance questions: funders will need to establish best practices to ensure alignment with public interest, preserve claimant autonomy and guard against criticisms of “outsourcing” justice to commercial actors.

The article suggests that regulators, funders and civil-society actors should collaborate to craft transparent frameworks and guardrails if TPLF is to fulfill its promise in environmental realms.

How Litigation Funding Evens the IP Playing Field

By John Freund |

Third-party litigation funding (TPLF) is becoming increasingly important for small firms, inventors and universities seeking to enforce intellectual-property rights against major corporations.

According to an article in Bloomberg, funding arrangements enable plaintiffs with viable claims—but limited resources—to access litigation and expert fees that would otherwise be prohibitive. In the complex IP space, cost and risk often preclude smaller rights holders from doing anything meaningful when a financially strong infringer acts. In effect, the commentary argues, litigation finance helps tilt the playing field back toward fairness and innovation rather than letting size alone determine outcomes.

The piece also observes that public debate has at times mis-characterised litigation funding—especially after efforts to tax funder returns—which it says “shined a spotlight on the solution” rather than creating the problem. The authors stress that the proper policy response is not punitive taxation or sweeping disclosure mandates that risk chilling investment. Instead, they advocate for targeted transparency under court supervision, combined with a recognition that accessible funding is a core part of ensuring just enforcement of IP rights.

For the legal-funding industry, the commentary underlines several take-aways: funders who back IP-rights holders serve a social as well as economic role, helping inventors and smaller entities access justice they could not otherwise afford. The industry should engage proactively in outreach: educating IP counsel and claim-holders about funding, telling success stories of smaller plaintiffs, and working with policymakers and legislators to shape rational regulation. The challenge remains to balance the benefits of funding with ethical, transparency and conflict-of-interest safeguards—as discussion in the broader TPLF context shows.

Chartered Institute of Arbitrators Issues First Guidance on Third-Party Funding in Arbitration

By John Freund |

The Chartered Institute of Arbitrators (CIArb) has issued its first-ever Guideline on Third-Party Funding in arbitration, offering comprehensive direction on how parties, counsel, tribunals, and funders should navigate funded disputes. This milestone guidance is aimed at promoting transparency, consistency, and effective case management in arbitration where third-party funding plays a role.

The guideline addresses two primary areas. First, it outlines the third-party funding process, explaining funding structures, pricing models, and key provisions typically found in funding agreements. It provides a practical overview of the benefits and potential pitfalls of using funding in arbitration proceedings. Second, it tackles arbitration-specific case management issues, such as how funder involvement—though often portrayed as passive—can influence strategic decisions, including arbitrator selection, settlement discussions, and procedural posture. The guideline stresses the need to clearly delineate the scope of the funder's control or influence in any agreement.

CIArb also emphasizes the importance of early disclosure. The existence of funding and the identity of the funder should be revealed at the outset to avoid conflicts of interest and challenges to tribunal impartiality. On confidentiality, the guidance urges parties to reconcile the typically private nature of arbitration with the disclosure obligations inherent in funded cases.

Additionally, the guideline explores three critical cost issues: whether funders may cover arbitrator deposits, the increasing prevalence of security for costs orders targeting funders, and the evolving question of whether tribunals should allow recovery of funding costs.