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Litigation Finance Journal’s Quarterly Industry Roundup

By John Freund |
Litigation Finance News

It’s clear by now that 2020 has been a year like no other. Industry growth and the impact of COVID make this an ideal time to catch up on all of the relevant issues impacting the commercial Litigation Finance industry. With that in mind, LFJ is hosting a panel discussion that will cover a wide range of topics, including the Burford/Muddy Waters saga, the IMF/Omni merger, the rise in IP litigation, hedge fund interest in the funding sector, and much more. 

The panel will be moderated by Slingshot Capital founder Ed Truant. Truant is an investor with a unique perspective on commercial litigation finance, backed up by years of experience in the field.

The panel will feature a collection of industry experts: 

Molly Pease is the managing director of Curiam Capital, and a former litigator whose expertise includes insurance, antitrust, and securities. She has also been an Executive Director and has worked as General Counsel—providing her a varied and nuanced perspective on a vast array of legal subjects.

Mick Smith is the founder of Almatura, and co-founded Calunius Capital in 2006. He has studied Mathematics and Law at Cambridge, and is pursuing a Masters in Data Science.

Robert Hannah, co-founder of Augusta Ventures, spent 20 years managing hedge funds before becoming acting Chief Investment Officer for Mako Investment Managers—an organization he co-founded. Hannah has an LLB and an MBA from Cranfield School of Management. He is currently the Managing Director of the London office.

William Farrell Jr. is the managing director and co-founder of private investment company Longford Capital. His current duties include underwriting, sourcing, and monitoring investments. He has decades of litigation experience and as a government prosecutor. Farrell has also served as a partner in the commercial litigation departments of two different firms.

The panel is audio-only and will be held Thursday, July 30th at 1 pm EST. It will feature a 45-minute panel discussion that will be followed by a question and answer period with attendees. 

For more information and to purchase tickets, please visit this link.

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John Freund

John Freund

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Community Spotlights

Community Spotlight: Aaron Winston, Strategy Director, Express Legal Funding

By Aaron Winston |

Aaron Winston is an author and the Strategy Director at Express Legal Funding, bringing over a decade of experience in the consumer finance industry. In recent years, Aaron has risen to be recognized as an expert in SEO and law firm content marketing, being featured in multiple case studies.

Aaron leverages his deep understanding of digital strategies to enhance Express Legal Funding's online presence and brand authority with hundreds of thousands of unique website visitors annually. His approach combines analytical precision with creativity, making him a thought leader in the fields of pre-settlement funding and search engine marketing.

Company Name and Description: Express Legal Funding is a nationally recognized and trusted pre-settlement funding company and brand based in Plano, Texas, and is dedicated to providing fair, fast, and affordable financial support to claimants bringing personal injury and other tort claims.

Company Website: https://expresslegalfunding.com/

Year Founded:  2015

Headquarters:  5717 Legacy Drive, Suite 250, Plano, Texas 75024

Area of Focus: Pre-settlement Funding, SEO, Content Marketing, Law Firm Digital Marketing and Websites

Member Quote: Can a pre-settlement funding company really be a household name if most people aren't even aware the industry exists?

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Commercial Regulatory Issues

EU Stakeholder Survey Aims to Inform Litigation Finance Policy

By Tom Webster |

The following is a contributed piece by Tom Webster, Chief Commercial Officer at Sentry Funding.

An EU stakeholder survey is gathering practical information on the operation of third-party funding across the European Union. The study, ‘Mapping Third Party Litigation Funding (TPLF) in the European Union’, was given an extended deadline of 3 September 2024.

Conducted by Civic Consulting and the British Institute of International and Comparative Law (BIICL), the research will help the European Commission analyse the legal framework and practical operation of litigation funding in the EU and make policy decisions in the area.

The survey seeks views from stakeholders with experience of third-party funding, including funders, lawyers, consumer organisations, other businesses, public authorities, members of the judiciary and others. As well as questions seeking to discover the extent of funding activity in each EU jurisdiction and typical levels of investment, it also asks for views on both positive and negative effects of litigation funding.

In relation to positive effects, the survey asks a number of questions including whether respondents have observed that current litigation funding practices lead to better access to the courts for parties who could not litigate without funding; whether there is a deterrent effect on companies that serve consumer markets due to the threat of mass claims relating to unsafe products or unfair practices; and whether respondents have seen a filtering effect on claims as those with a low chance of success will not be funded.

In relation to negative effects, questions include whether respondents have observed conflicts of interest; undue influence on decisions such as settlements and appeals; and the funding of frivolous claims.

The EU survey is just one of a number of projects currently examining the litigation funding sector. Also focusing on the EU market, the European Law Institute is undertaking a substantial research project with the aim of establishing a set of principles to identify the issues that should be taken into account when entering into litigation funding agreements.

Meanwhile in the UK, the Legal Services Board recently published a report on litigation funding in England and Wales (https://legalservicesboard.org.uk/wp-content/uploads/2024/05/A-review-of-litigation-funding.pdf), and the Civil Justice Council has embarked on a wide-reaching review of the sector (https://www.judiciary.uk/related-offices-and-bodies/advisory-bodies/cjc/current-work/third-party-funding/) which will include recommendations in relation to the future regulation of the industry.

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Community Spotlights

Community Spotlight: Michelle Silvers, Chief Executive Officer and Director, Court House Capital

By Michelle Silvers |

Michelle Silvers is Chief Executive Officer and a Director of Court House Capital and leads the company’s business strategy, growth and operations across geographic markets. She oversees stakeholder relations with capital investors and all decisions pertaining to the company’s investment portfolio.

Michelle is a highly-respected leader in litigation funding. She co-founded the litigation funding industry in Australia in 1999 and has over 30 years’ combined funding and legal experience across commercial dispute resolution, insolvency, insurance and collective redress (class actions).

Michelle has played a crucial role in funding more than 200 legal disputes and is passionate about structuring capital and risk management solutions for clients and helping claimants gain access to justice.

In 2019 Michelle joined Court House Capital, quickly establishing the business as a funder of choice in Australia and New Zealand. Previously, she served as Managing Director and CEO of Litigation Lending Services Limited, where she pioneered portfolio funding and grew the business to become one of the most successful funders in the region. Her career also includes senior roles at leading international funders (Augusta Ventures and IMF Bentham, now Omni Bridgeway), global insurance firms (AMP, FAI General, Lawcover) and private legal practice (DLA Piper).

Michelle is a co-founder and Director of the Association of Litigation Funders of Australia (AALF) and is a regular speaker and commentator on industry developments. She holds a Bachelor of Arts and Bachelor of Laws from the University of New South Wales and is a Director of Court House Capital Management Limited.

Company Name and Description: Court House Capital is a leading litigation funder focused on cases in Australia and New Zealand. Court House Capital was established with a mission to provide financial and strategic support to parties seeking capital, risk management and access to justice. Our team is led by industry founders, with Australian based capital, and is renowned for expertise, agility and collaboration.

Company Website: courthousecapital.com.au

Year Founded:  2019

Headquarters: Sydney

Area of Focus: Litigation Finance

Member Quote: We offer cost and risk mitigation strategies for commercial clients and ‘a level playing field’ for those who cannot afford to pursue justice themselves. It is an honour to be co-founders of an industry that provides access to justice for so many, and to be the funder of choice for claimants and professional advisers. Our financial resources, industry network and knowledge has helped many claimants achieve successful outcomes.

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