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“Therium Access” not-for-profit funding initiative announces first grant awards to improve access to justice in the UK

“Therium Access” not-for-profit funding initiative announces first grant awards to improve access to justice in the UK

Jersey, Channel Islands, 15 May 2019. Therium Group Holdings Limited, one of the world’s leading providers of litigation, arbitration and specialty legal finance, today announced the first recipients of grant awards by Therium Access, the firm’s not- for-profit funding initiative dedicated to facilitating access to justice. The inaugural recipients include The Personal Support Unit, LawWorks, Crosslight Advice and the Suffolk Law Centre. Therium Access is the first-of-its-kind initiative in the litigation funding industry. Grants awarded by Therium Access are intended to promote access to justice for those who lack the funds necessary to pursue or defend claims, as well as to projects that seek to improve access to justice. John Byrne, Co-Founder and CEO of Therium Capital Management Limited, said: “We launched Therium Access two months ago and we are delighted to be announcing the first recipients of grant awards. The recipients have been selected on the basis that the funding provided by Therium Access will have a significant impact and help to improve access to justice for as many people as possible. Therium is ten years old this year and the making of this first round of grants is a fantastic way to mark our 10 year anniversary.” Lord Falconer, Chairman of Therium Access Advisory Committee said: “This is a first for the litigation funding industry and will hopefully lead the way for further initiatives.  The not-for-profit funding that Therium Access is providing to these projects will provide help for a large number of individuals who otherwise would not have received legal advice and assistance, in the light of years of punitive cuts to legal aid and advice funding by the state. I strongly support the initiative Therium have taken. And am proud to be Therium Access’ chair.” Ellen Pereira, CEO of Personal Support Unit (PSU) said: “We are immensely grateful to Therium Access for their kind and most generous grant in support of four of our PSU services. In a difficult funding climate and with increased competition for limited funds, we are absolutely delighted that Therium Access is supporting our vital work of increasing access to justice. The funding will not only help us support more people accessing the civil and family courts but also help support our new delivery model, enabling us to reach more people in more places. From everyone here at the PSU, thank you once again for your generosity.” Martin Barnes, CEO of LawWorks said: “LawWorks is delighted to have been awarded one of the first grants by Therium Access. The grant will fund our project to support solicitors providing pro bono advice and representation for social security benefit tribunal appeals. With bespoke training and supervision provided by LawWorks, pro bono volunteers are achieving success rates at appeal of over 90% of cases, ensuring that many vulnerable people receive the vital financial support to which they are entitled.” Bruce Connell, CEO Crosslight Advice said: “We are incredibly grateful to have partners like Therium Access supporting our work with the most vulnerable. Like Therium, we believe that justice should be a universal concept and we are thrilled to be working with them to provide our clients with access to justice and improve their lives.” Audrey Ludwig, Director of Legal Services of the Suffolk Law Centre said: “Suffolk Law Centre is England’s newest Law Centre. We work to offer access to justice for all, particularly the most vulnerable and those most impacted by the legal aid desert in Suffolk. Our services include weekly Legal Advice Clinics, a Family Support Court Helpdesk, and a discrimination casework service.  We assisted over 1,500 people in our first year with advice, casework, legal education workshops, policy work and referrals to other services. We are extremely proud to be supported by Therium Access, and are delighted that with their generosity we can continue to support the diverse communities of Suffolk to gain equal access to justice, to challenge disadvantage and inequality, and to help them understand their legal rights, obligations and protections.” Therium Access is the primary expression of Therium’s corporate and social responsibility programme. Therium Access dispenses with the criteria of funding for profit and has the sole purpose of facilitating access to justice by funding cases and projects which could not usually be funded on a commercial basis.  Therium Access is a mark of Therium’s wider commitment to the pursuit of justice and the rule of law. Therium Access accepts applications from charities and other entities whose services and projects facilitate access to justice or from those seeking assistance to obtain legal representation on cases (including defence). The applicant’s need and the impact of the grant will be important factors in our review process. The deadline for the submission of the next round of grant applications is 30 August 2019. Applications need to be made by legal representatives or the entity seeking a grant.  The board of Therium Access is assisted by an Advisory Committee which is chaired by Lord Falconer, former Lord Chancellor, Secretary of State for Constitutional Affairs and Secretary of State for Justice. Therium Access aims to support access to justice in the broadest terms and considers applications that further the following causes (in no particular order):
  • The right to legal representation or due process;
  • The proper and efficient administration of justice;
  • The advancement of human rights;
  • The promotion of equalityof rights and diversity;
  • The protection of children, the elderly, the disabled, minorities, asylum seekers and other vulnerable or disadvantagedgroups;
  • The advancement of environmental protection or improvement;
  • The promotion of legal educationthat furthers the causes listed above; and
  • Any othercase or project in which a person, group, or entity will not have access to justice without financial assistance.
Therium Access is intended to be a global initiative. Its initial focus is on the UK and it will be rolled out in other jurisdictions in a number of planned phases. About Therium Therium is a leading global provider of litigation and arbitration and specialty legal finance, active in England and Wales since 2009. Over that period, Therium has funded claims with a total value exceeding £34 billion, including many of the largest and most high profile funded cases in the UK.  With investment teams in the UK, USA, Australia, Spain and Norway, Therium has established a track record of success in litigation finance in all forms, including single case litigation and arbitration funding, funding law firms and portfolios of litigation and arbitration claims.  Therium is also a founding member of the Association of Litigation Funders of England and Wales. Therium Access and its not-for-profit funding is the latest innovation from Therium which has consistently been at the forefront of innovation in litigation finance, pioneering the combined use of insurance tools alongside funding vehicles, and introducing portfolio funding products into the UK.  Therium’s ability to develop innovative funding arrangements and bespoke financial solutions for litigants and law firms complements its unmatched experience and rigorous approach to funding a wide range of commercial disputes throughout the world. In Chambers and Partners’ inaugural litigation support directory 2018, Therium was ranked as a Tier 1 litigation funder, and Neil Purslow, the firm’s Chief Investment Officer, was named a leading individual in the litigation funding industry. In February this year, Therium Capital Management was top ranked as one of the two “Leading” litigation and arbitration funding firms in the UK by legal and business directory Leaders League, in their 2019 ranking of litigation funding. Therium was also ranked as “Excellent” in the 2019 US ranking. www.therium.com  About the grant recipients  Law Works– grant for a national and well-known charity to provide funding over 3 years for their secondary specialisation project in welfare benefits law, where volunteer lawyers are trained, supervised and insured to enable them to represent clients on a pro bono basis in the Department of Work and Pensions tribunal. This is an existing project with a 90% success rate in appealing benefit cuts and approximately 270 people will receive assistance as a direct consequence of this grant. https://www.lawworks.org.uk/ Suffolk Law Centre– grant for a regional law centre which was only set up a year ago. It is the only law centre in Ipswich and serves Suffolk, which is a legal aid advice desert. The centre provides varied advice to those who cannot afford legal advice, including on family, immigration, discrimination and housing law matters, it also runs workshops in schools to tackle discrimination and provides support to litigants in person in the local Family Court. In the next 6 months alone, the centre is expected to provide advice and support to 500 people. http://www.iscre.org.uk/legal-services/suffolk-law-advice-centre/ Personal Support Unit (‘PSU’)– grants for a national and well-known charity to provide funding for 1 year for three satellite services in Barnet, Coventry and Southend-on-Sea, and an underfunded and oversubscribed service in Preston, where volunteers provide support to Litigants in Person in court, mostly in respect of family law matters. It is anticipated that these 4 services will provide 3,400 sessions of support in this period. https://www.thepsu.org/ Crosslight Advice– grant for a niche charity to provide funding for 1 year for the costs of a site in a deprived area of West London, where volunteers provide specialist debt advice and support. Many of the charity’s clients are vulnerable, with most having mental health issues and living below the poverty line. They provide a holistic service, with the aim of providing pre-emptive advice to keep people out of the justice system. It is expected that the grant will facilitate in-depth support for around 100 people. https://www.crosslightadvice.org/ Media enquiries Desiree Maghoo Questor Consulting +44 (0)7775 522740 dmaghoo@questorconsulting.com

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High Court Refuses BHP Permission to Appeal Landmark Mariana Liability Judgment 

By John Freund |

Pogust Goodhead welcomes the decision of Mrs Justice O’Farrell DBE refusing BHP’s application for permission to appeal the High Court’s judgment on liability in the Mariana disaster litigation. The ruling marks a major step forward in the pursuit of justice for over 620,000 Brazilian claimants affected by the worst environmental disaster in the country’s history. 

The refusal leaves the High Court’s findings undisturbed at first instance: that BHP is liable under Brazilian law for its role in the catastrophic collapse of the Fundão dam in 2015. In a landmark ruling handed down last November, the Court found the collapse was caused by BHP’s negligence, imprudence and/or lack of skill, confirmed that all claimants are in time and stated that municipalities can pursue their claims in England. 

In today’s ruling, following the consequentials hearing held last December, the court concluded that BHP’s proposed grounds of appeal have “no real prospect of success”. 

In her judgment, Mrs Justice O’Farrell stated:  “In summary, despite the clear and careful submissions of Ms Fatima KC, leading counsel for the defendants, the appeal has no real prospect of success. There is no other compelling reason for the appeal to be heard. Although the Judgment may be of interest to other parties in other jurisdictions, it is a decision on issues of Brazilian law established as fact in this jurisdiction, together with factual and expert evidence. For the above reasons, permission to appeal is refused”. 

At the December hearing, the claimants - represented by Pogust Goodhead - argued that BHP’s application was an attempt to overturn detailed findings of fact reached after an extensive five-month trial, by recasting its disagreement with the outcome as alleged procedural flaws. The claimants submitted that appellate courts do not re-try factual findings and that BHP’s approach was, in substance, an attempt to secure a retrial. 

Today’s judgment confirmed that the liability judgment involved findings of Brazilian law as fact, based on extensive expert and factual evidence, and rejected the defendants’ arguments, who now have 28 days to apply to the Court of Appeal.  

Jonathan Wheeler, Partner at Pogust Goodhead and lead of the Mariana litigation, said:  “This is a major step forward. Today’s decision reinforces the strength and robustness of the High Court’s findings and brings hundreds of thousands of claimants a step closer to redress for the immense harm they have suffered.” 

“BHP’s application for permission to appeal shows it continues to treat this as a case to be managed, not a humanitarian and environmental disaster that demands a just outcome. Every further procedural manoeuvre brings more delay, more cost and more harm for people who have already waited more than a decade for proper compensation.” 

Mônica dos Santos, a resident of Bento Rodrigues (a district in Mariana) whose house was buried by the avalanche of tailings, commented:  "This is an important victory. Ten years have passed since the crime, and more than 80 residents of Bento Rodrigues have died without receiving their new homes. Hundreds of us have not received fair compensation for what we have been through. It is unacceptable that, after so much suffering and so many lives interrupted, the company is still trying to delay the process to escape its responsibility." 

Legal costs 

The Court confirmed that the claimants were the successful party and ordered the defendants to pay 90% of the claimants’ Stage 1 Trial costs, subject to detailed assessment, and to make a £43 million payment on account. The Court also made clear that the order relates to Stage 1 Trial costs only; broader case costs will depend on the ultimate outcome of the proceedings. 

The costs award reflects the scale and complexity of the Mariana case and the way PG has conducted this litigation for more than seven years on a no-win, no-fee basis - funding an unprecedented claimant cohort and extensive client-facing infrastructure in Brazil without charging clients. This recovery is separate from any damages award and does not reduce, replace or affect the compensation clients may ultimately receive. 

Sigma Funding Secures $35,000,000 Credit Facility, Bryant Park Capital Serves as Financial Advisor

By John Freund |

Bryant Park Capital (“BPC”) announced today that Sigma Funding has recently closed a $35 million senior credit facility with a bank lender. Sigma Funding is a rapidly growing litigation finance company focused on providing capital solutions across the legal ecosystem.

Sigma’s experienced executive team oversees a portfolio of businesses spanning insurance-linked litigation and other sectors, bringing a proven track record of successful growth and meaningful exits.

Bryant Park Capital, a leading middle-market investment bank, served as financial advisor to Sigma Funding in connection with the transaction.

“Bryant Park Capital was an indispensable advisor to Sigma and worked closely with our management team throughout the process,” said Charlit Bonilla, CEO of Sigma Funding. “BPC’s experience in the litigation finance space was critical in identifying potential banking partners and ultimately structuring our credit facility. Their extensive industry knowledge helped bring this deal to a successful close, and we are grateful for their support. We look forward to doing more business with the BPC team.”

About Sigma Funding

Founded in 2021, Sigma Funding is a leading New York–based litigation funding platform that provides pre- and post-settlement advances to plaintiffs involved in contingency lawsuits, as well as financing solutions for healthcare providers and attorneys. The company is the successor to the founders’ prior venture, Anchor Fundings, a pre-settlement litigation funder that was acquired by a competitor. 

For more information about Sigma Funding, please visit www.sigmafunding.com.

About Bryant Park Capital

Bryant Park Capital is an investment bank providing M&A and corporate finance advisory services to emerging growth and middle-market public and private companies. BPC has deep expertise across several sectors, including specialty finance and financial services. The firm has raised various forms of credit and growth equity and has advised on mergers and acquisitions for its clients. BPC professionals have completed more than 400 engagements representing an aggregate transaction value exceeding $30 billion.

For more information about Bryant Park Capital, please visit www.bryantparkcapital.com.

Apex Group Ltd Selected to Support Seven Stars Legal Group Ltd’s Pioneering Tokenised Litigation Fund in Dubai

By John Freund |

Apex Group Ltd (“Apex Group”), one of the world's largest fund administration and solutions providers, today announced it has been selected to provide fund administration and digital asset infrastructure for the anticipated Seven Stars Legal Group Ltd (“Seven Stars”) Tokenised Litigation Fund, a pioneering investment vehicle that will combine institutional-grade litigation finance with blockchain technology.

The proposed fund, targeting GBP 50-250 million in commitments with an anticipated first close of GBP 50 million by March 31, 2026, represents a significant innovation in alternative investments. Once launched, the tokenised structure is expected to reduce traditional investment minimums from GBP 1 million to GBP 50,000, making institutional-quality litigation finance accessible to a broader range of qualified investors.

Subject to regulatory approvals and successful fund structuring, Apex Group is positioned to provide comprehensive fund administration services, while its digital asset platform, Apex Digital 3.0 (including Tokeny), would handle the token issuance and management infrastructure. This dual capability positions Apex Group as the sole provider managing both traditional fund administration and digital asset components under one unified platform.

Upon launch, Seven Stars will act as Investment Manager responsible for portfolio selection and management.

“Our selection to support Seven Stars' innovative fund structure exemplifies our commitment to bridging traditional finance with digital innovation,” said Agnes Mazurek, Global Head of Digital Assets at Apex Group. “By providing both conventional fund administration and tokenisation infrastructure, we're positioned to help fund managers unlock new distribution channels and operational efficiencies while maintaining institutional-grade governance and compliance standards.”

Offering up to a capped 16% annual return backed by diversified UK litigation portfolios, Seven Stars brings significant experience to the venture, having already deployed over GBP 44 million in UK litigation finance and funded more than 56,000 legal claims with a proven track record of performance, together with a team which includes leading Silk, Louis Doyle KC, who sits on the board and Advisory Committee at Seven Stars.

“Apex Group's expertise in both traditional fund administration and digital assets makes them the ideal partner for this groundbreaking initiative,” said Leon Clarance, Chief Strategy Officer at Seven Stars. "Their infrastructure will enable us to deliver the operational efficiency gains of tokenisation while maintaining the rigorous compliance and reporting standards our institutional investors expect.”

Mazurek added: “We are pleased to be supporting Seven Stars in this groundbreaking project. Our mission at Apex Group is to help clients bridge the TradFi and DeFi universes and this project perfectly represents this connectivity.”

Planned Partnership Capabilities

The anticipated partnership would leverage several key Apex Group capabilities:

  • Fund Administration: NAV calculation, investor services, and regulatory reporting 
  • Digital Asset Infrastructure: Token issuance, custody, and lifecycle management via Apex Digital 3.0
  • Regulatory Compliance: Full regulatory oversight and compliance monitoring 
  • Investor Onboarding: Streamlined KYC/AML processes for both traditional and digital investors

The proposed tokenised structure would enable secondary trading after a 6-month lock-in period, providing liquidity options traditionally unavailable in litigation finance funds. Smart contract automation is projected to reduce administrative costs by up to 90%, with anticipated savings passed through to investors.

This announcement follows Apex Group's recent expansion of its digital asset capabilities in the DIFC, positioning the firm as a leader in supporting the convergence of traditional finance and blockchain technology in the Middle East's premier financial hub.

About Apex Group

Apex Group is dedicated to driving positive change in financial services while supporting the growth and ambitions of asset managers, allocators, financial institutions, and family offices. Established in Bermuda in 2003, the Group has continually disrupted the industry through its investment in innovation and talent.

Today, Apex Group sets the pace in fund and asset servicing and stands out for its unique single-source solution and unified cross asset-class platform which supports the entire value chain, harnesses leading innovative technology, and benefits from cross-jurisdictional expertise delivered by a long-standing management team and over 13,000 highly integrated professionals.   

Apex Group leads the industry with a broad and unmatched range of services, including capital raising, business and corporate management, fund and investor administration, portfolio and investment administration, ESG, capital markets and transactions support. These services are tailored to each client and are delivered both at the Group level and via specialist subsidiary brands.

The Apex Foundation, a not-for-profit entity, is the Group’s passionate commitment to empower sustainable change. 

About Seven Stars Legal

Seven Stars Legal is a specialist litigation finance provider focused on high-volume, precedent-based UK consumer claims. Founded by a team with over GBP 380 million in litigation finance experience, the company provides institutional investors with access to uncorrelated, asset-backed returns through secured lending to regulated UK law firms. Seven Stars has funded over 56,000 claims since 2022, maintaining a zero-default track record through its multi-layered security framework and AI-enhanced due diligence processes