Trending Now

All Articles

4460 Articles

Motor Finance Claims Firm Narrows Loss to £6.8M While Carrying 24% Funding Debt

One of the larger law firms working the UK motor finance claims market has cut its annual trading loss but is still running deep net liabilities, with its funding costs illustrating how expensive capital has become for volume consumer claims businesses.

As reported by the Law Gazette, Consumer Rights Solicitors Ltd this week filed accounts showing a pre-tax deficit of £6.8 million for the year to August 2025, down from £10.3 million the year before. Turnover rose from £450,000 to more than £3.5 million, largely on recovery of disbursements from cases taken on from other firms.

Net liabilities widened from £11.3 million to £18 million, with £40 million owed to creditors falling due after more than a year. The accounts disclose a £25 million loan facility secured in December 2025 from litigation funder Katch Fund Solutions at 24% annual interest, following a £9 million loan from the same lender on the same terms in October 2024.

The Manchester-based firm values its full claim book at £72 million as at the end of July, but contingent fee work cannot be carried as a balance sheet asset against those liabilities. Auditor Huw Nicholls of Armstrong Watson flagged that the losses, liabilities and outstanding loans indicate a "material uncertainty" over the firm's ability to continue as a going concern.

Director Kavon Hussain said the firm is broadening beyond its Plevin and motor finance book and pursuing group claims through a volume introducer. Motor finance claims remain stayed or slow-moving pending the Financial Conduct Authority's delayed redress scheme.

More Than 200 Companies Ask Federal Rulemakers to Mandate Litigation Funding Disclosure

A coalition of more than 200 corporations and insurers has asked the federal judiciary to write third-party litigation funding disclosure into the Federal Rules of Civil Procedure, escalating a campaign that has so far played out mostly in state legislatures and individual courtrooms.

As reported by Bloomberg Law, the signatories include Johnson & Johnson, 3M, Uber, Meta Platforms, Netflix and Samsung Electronics, a group that between them face a substantial share of the funded mass tort, antitrust and patent claims filed in US courts. Law360 reported that Amazon, Anthropic, Chubb and Walmart also signed on.

The letter asks for two things: the name and contact information of "any person or entity who is not a party in the case but provides funding or has a financial interest in the action," and copies of the funding agreements themselves. The coalition argues that disclosure "would provide courts, litigants, and the public with information that is critical to managing cases and maintaining judicial integrity," and describes the absence of a uniform federal rule as inexplicable given the forum shopping it invites.

The request is directed at the Advisory Committee on Civil Rules, which is scheduled to meet in October. A subcommittee chaired by Judge R. David Proctor has been studying litigation funding since 2024 without producing a rule proposal.

Several signatories have already acted on their own. Uber has written disclosure provisions into its customer and driver contracts, and Amazon updated its conditions of use to require disclosure in mass arbitration.

Commentary Frames Litigation Finance as the Last Preservation Tool for Inventor Estates

A new commentary argues that the debate over funder disclosure in patent cases is not really about transparency at all, but about whether an independent inventor's family retains the value of what the inventor spent a career building.

As reported by IPWatchdog, the piece is written by Scott Moskowitz, founder of Blue Spike and Wistaria Trading and a named inventor on more than 110 patents. His starting point is that patents are inheritable property with twenty-year terms that outlast careers, yet the US enforcement architecture strips their value while owners are alive.

Moskowitz points to empirical work measuring the market reaction to inter partes review petitions, including a one-day abnormal return of roughly -12% following the first Hayman Capital challenge in 2015. A public company absorbs that as a bad quarter. For an inventor whose net worth is a portfolio, he argues, the same drop is a retirement, and the depressed figure becomes the only number available when the estate is later valued.

The commentary contrasts patents with other asset classes. Real estate, operating-company equity and art each have financing vehicles, insurance products and secondary markets. Patents have none at scale, because no lender will take collateral exposed to a PTAB invalidation rate of 61% to 70%.

Against that backdrop, the piece argues that litigation finance filled the gap because nothing else could, and that pending disclosure measures would remove it. It singles out the March 2026 rules suggestion before the Advisory Committee on Civil Rules, the USITC's proposed 19 C.F.R. § 210.14a, and S.3826, the Litigation Funding Transparency Act of 2026.

Moskowitz's proposed alternative is symmetry: treat funder disclosure the way Rule 26 and Rule of Evidence 411 already treat insurance, with mandatory disclosure on both sides paired with a restriction on using it to prove the merits.

High Court Refuses to Stay Mariana Dam Litigation as Representation Fight Heads to Open Court

The High Court has declined to pause the Mariana dam litigation against BHP while a dispute over who represents the claimants is resolved, keeping the case on its existing timetable.

As reported by Legal Futures, the court rejected an application by Bailey Glasser International to stay proceedings. Pogust Goodhead, which acts for more than 400,000 claimants over the 2015 Fundão dam collapse in Brazil, characterised the outcome as its first victory in the representation dispute.

The court also directed that the underlying dispute over representation be determined at an expedited hearing on 5 and 6 October. Notably, it rejected Bailey Glasser International's request that the hearing be held in private, meaning the arguments over control of one of the largest group claims in English legal history will be aired publicly.

The ruling preserves the existing case management timetable, including the quantum trial listed for April 2027.

Pogust Goodhead chief executive Alicia Alinia said: "The ruling is an important win for our clients. The court has rejected any attempt to delay this litigation and confirmed that the timetable towards justice remains intact." She added that after almost 11 years, the claimants "deserve clarity, not delay."

The outcome matters beyond the parties. The Mariana claim is among the most heavily funded pieces of group litigation in the English courts, and a prolonged stay would have pushed back recovery timelines for the capital deployed behind it. Bailey Glasser International and the client committee were approached for comment.

Woodville Administrators Report £298.7M in Claims Against £254,734 in Cash

Administrators for collapsed litigation lender Woodville have filed their formal statement of proposals, and the arithmetic is stark: unsecured creditor claims of £298,681,307 set against £254,734 of cash in the business.

As reported by the Law Society Gazette, Robert Goodhew and Andrew Stoneman of Kroll Advisory told creditors that Woodville's directors have yet to answer basic questions regarding the use of investor funds. The administrators concluded that rescuing the company as a going concern is not practicable. Administration began on 16 July.

The proposals describe a loan book concentrated on roughly ten law firms and associated entities in Wales and the north-west of England. Only one firm's borrowings appear to be secured. Two of those firms, ASL Boston and McDermott Smith, owe a combined £51.7 million and are themselves in insolvency proceedings.

A further £37 million is owed by parties the administrators describe as connected. That figure includes £17.6 million due from Integrity Protect No 1 Limited, which shares shareholders and directors with Woodville, and £8 million advanced to wholly owned subsidiary Horizon, which entered receivership two weeks before Woodville itself collapsed.

The administrators also flagged that the "performance bonds" issued to retail investors may have been mis-sold or misrepresented, a finding that could shape both regulatory scrutiny and any future recovery claims.

Recoveries so far have been modest. The sale of office furniture raised £650. The administrators' own fee is estimated at £3 million, and they said they are taking advice on enforcement action against directors who have not cooperated with the investigation.

Burford Capital Launches $300 Million Secured Notes Offering to Retire 2028 Debt

Burford Capital has moved to refinance the nearest maturity on its balance sheet, announcing a private offering of senior secured notes and a conditional call on the full $400 million of notes coming due in 2028.

As reported by PR Newswire, the company plans to issue $300 million in aggregate principal amount of senior secured notes due 2029 through its indirect, wholly owned subsidiary Burford Capital Global Finance LLC, subject to market and other conditions.

The structure is notably more secured than Burford's existing paper. The notes will be guaranteed by Burford Capital and secured on a senior lien basis by substantially all of the assets of Burford Capital Global Finance LLC, along with the capital stock of certain Burford subsidiaries, subject to exceptions.

Proceeds from the offering, together with cash on hand, are earmarked to redeem the 6.250% senior notes due 2028 as soon as practicable after the new deal closes. Burford said it expected to deliver a conditional notice of redemption for the 2028 notes on the same day as the announcement, setting a redemption date of September 24, 2026 for all $400 million outstanding. That redemption is contingent on the successful completion of a $300 million financing.

The offering is a private placement. The securities have not been and will not be registered under the US Securities Act of 1933 or the laws of any other jurisdiction, and will be offered only to persons reasonably believed to be qualified institutional buyers under Rule 144A or to non-US persons outside the United States under Regulation S, in each case limited to qualified purchasers under the Investment Company Act.

Burford is listed on both the New York Stock Exchange and the London Stock Exchange under the ticker BUR.

Texas Justices Press Advisory Committee to Revisit Litigation Funding Disclosure

Texas is moving closer to requiring parties to disclose outside litigation funding, even though the state's own rules advisory body recommended against the change last year.

As reported by Bloomberg Law, the Texas Supreme Court Advisory Committee took up rough-draft disclosure scenarios at a meeting last Thursday. One approach would keep funder identities confidential pending an in-camera review by the trial judge. A second would require a judge to make a good cause finding before a party is compelled to disclose who is backing its case.

The renewed discussion follows an unusual sequence. The Texas Supreme Court first asked the committee for guidance on litigation finance roughly two years ago. In August 2025, the committee recommended against any rule change. The justices were not satisfied with that answer and sent the question back, asking the committee to revisit the issue and return with a proposal.

Much of the committee's debate centered on which funding arrangements should fall outside any disclosure requirement. Several members argued for carving out nonprofits that support litigation without expecting a return, as well as family arrangements such as a parent financing a child's case. "That would be off the table, in my mind," said committee vice chair Marcy Hogan Greer of Alexander Dubose & Jefferson LLP.

Judge Melissa Andrews noted that funding disclosures are already required in the Texas Business Court, where they are used mainly for judicial conflict checks and were modeled on the Fifth Circuit's approach.

The committee is expected to take the matter up again in December, when a disclosure proposal could come to a vote. Texas would join a growing list of states acting on funding transparency, following Ohio's registration and disclosure law and North Carolina's ban on third-party litigation funding.

ARC Releases New Consumer Survey: Three Years Apart, Consumers Tell the Same Story

The following was contributed by Eric K. Schuller, President, The Alliance for Responsible Consumer Legal Funding (ARC).

The Numbers Haven't Changed, and That's the Story. Three Years Apart, Consumers Report the Same Financial Need and the Same Value in Consumer Legal Funding.

The Alliance for Responsible Consumer Legal Funding (ARC) has released its 2026 Consumer Survey, providing a new look at how consumers use Consumer Legal Funding and why access to the funds remains important while legal claims are pending.

Hundreds of consumers from across the country reported turning to the product for help paying rent or a mortgage, utilities, food, transportation, and other essential household expenses that cannot wait for the legal system to run its course.

ARC's second major consumer survey in three years reinforces the findings from 2023. Across both surveys, consumers describe a real need for funds to support everyday life, and more than nine out of ten say they would use Consumer Legal Funding again if needed.

The Need Has Remained Remarkably Consistent

Consumer Legal Funding is sometimes confused with financing the costs of litigation. The survey data tells a very different story.

Consumers reported needing financial assistance for the ordinary expenses of everyday life while waiting for their legal claims to be resolved. Housing, utilities, food, transportation, and other household obligations do not stop because someone has been injured or has a pending legal claim.

Perhaps the most striking finding from the comparison involves housing.

In 2023, 73.00% of respondents reported difficulty paying their rent or mortgage. In 2026, the number was 73.03%.

That consistency is significant. Two separate groups of consumers, three years apart, identified essentially the exact same financial pressure as the leading reason they needed assistance.

The same pattern appears with other basic necessities. Difficulty paying utilities increased from 58.35% in 2023 to 61.30% in 2026, while difficulty paying for food increased from 54.00% to 60.07%.

These consumers are not describing litigation expenses. They are describing household expenses.

They are trying to keep a roof over their heads, keep the lights on, put food on the table, make car payments, and maintain financial stability while their legal claims move through the system.

That is the real-world function of Consumer Legal Funding: Funding Lives, Not Litigation.

An Accident Can Create an Immediate Financial Crisis

The circumstances surrounding the need for funding are equally important.

In 2023, 70.64% of respondents were not employed when they received Consumer Legal Funding. In 2026, that number was 72.08%. Even more telling, the percentage reporting that their lack of employment resulted from the circumstances creating their need for funding, such as a car accident, increased from 58.94% in 2023 to 65.72% in 2026. Personal injury and automobile claims remained the dominant claim type, representing 76.83% of respondents in 2023 and 78.45% in 2026.

"Since my injury, I've had to retire from work. My funding company has checked in while waiting on my settlement to see if I need additional help through the process. This has been positive for me."

The practical sequence is easy to understand.

A consumer is injured. That injury may interfere with the person's ability to work. Household bills continue arriving. Meanwhile, the legal claim may take months or longer to resolve.

The legal system operates on one timeline. A family's financial obligations operate on another.

Consumer Legal Funding can help bridge that gap by providing financial resources while ordinary household expenses continue and the consumer's legal claim remains unresolved.

"I received money early in the process when I was very stressed, in a lot of pain, and overwhelmed because of my head injury. They made it easy for me to understand and receive."

That distinction is essential to understanding the product. Consumer Legal Funding is not about paying attorneys' fees, experts, discovery costs, or other litigation expenses. The surveys repeatedly identify rent or mortgage payments, utilities, food, transportation, and other household obligations as the financial pressures consumers are facing.

For Many Consumers, There Are Few Alternatives

One of the clearest findings from the ARC surveys is that many consumers appear to have very limited financial alternatives when they turn to Consumer Legal Funding.

In 2023, 39.13% of respondents selected "None" when asked which listed financial alternatives they had used before obtaining Consumer Legal Funding. By 2026, that number had increased to 43.19%. Reliance on family and friends was also significant, although it declined from 38.22% in 2023 to 34.51% in 2026. By comparison, credit cards were used by 19.68% of respondents in 2023 and 21.42% in 2026, while personal loans were used by only 11.90% and 13.45%, respectively.

Taken together, these findings paint an important picture. For a substantial number of consumers, Consumer Legal Funding is not simply one financial option among many. More than four in ten respondents in the 2026 survey reported using none of the listed alternatives before turning to Consumer Legal Funding, while many others had relied on family or friends rather than traditional financial products.

That makes access to Consumer Legal Funding particularly important. When someone has been injured, is unable to work, and is struggling to pay rent, utilities, food, or transportation expenses, there may be very few realistic places to turn for financial assistance while a legal claim remains pending.

"Thank you for helping me when everyone else turned me away."

This is an important consideration for policymakers. Restrictions that significantly reduce access to Consumer Legal Funding do not create new financial alternatives for these consumers. They simply risk removing an option that many consumers are using at a time when their other choices appear limited.

The underlying financial need remains. The question is whether consumers will continue to have access to a product that can help them meet that need while they wait for their legal claim to be resolved.

Consumers Continue to Say They Would Use It Again

Perhaps the clearest measure of consumer satisfaction and the value consumers place on the product is what they say they would do if faced with the same need again.

The results are significant not simply because they are high, but because they are remarkably consistent.

In 2023, 91.08% of respondents said they would use Consumer Legal Funding again if needed.

Three years later, 90.70% said the same thing.

That is a difference of only 0.38 percentage points between two separate surveys. Recommendation rates were similarly strong, with 89.43% in 2023 and 87.35% in 2026 saying they would recommend their funding company.

Those numbers deserve a prominent place in the public discussion about Consumer Legal Funding.

A single survey showing that more than nine out of ten consumers would use the product again would be noteworthy. Two separate surveys, conducted three years apart among different groups of consumers, producing virtually identical results, are even more compelling.

91.08% in 2023. 90.70% in 2026.

More than nine out of ten consumers in both surveys said they would choose Consumer Legal Funding again if they needed it.

And nearly nine out of ten in both surveys said they would recommend their funding company.

These are not opinions from people observing the product from the outside. These are responses from consumers who actually used Consumer Legal Funding during a period of financial need.

"The process was easy, and the money was helpful. I would recommend this company to everyone who is in a situation like mine."

Their experiences deserve to be part of the policy discussion.

Hundreds of Consumers Across the Country Are Telling a Consistent Story

The strength of the ARC surveys is not based on a single percentage or a single group of respondents.

Hundreds of consumers participated in each survey, with respondents coming from across the country.

About 73% in both surveys struggled with rent or mortgage payments. Basic household necessities remained the dominant reason consumers needed financial assistance. A substantial percentage reported using none of the listed financial alternatives before obtaining Consumer Legal Funding. And more than 90% in both surveys said they would use the product again if needed.

That is not simply one survey producing a favorable statistic. It is a repeated consumer story.

Two Surveys, One Clear Message

One survey provides a snapshot. Two surveys conducted three years apart provide something more meaningful: the ability to determine whether the same basic patterns appear again.

ARC's 2023 and 2026 surveys independently tell essentially the same story. Consumers experience accidents, injuries, or other events that can disrupt employment. Their household expenses continue while their legal claims remain unresolved. Housing is consistently the leading financial pressure, with utilities and food also affecting significant majorities of respondents.

And after experiencing Consumer Legal Funding firsthand, more than 90% in both surveys said they would use it again if they needed it.

That repeated consumer response should matter to policymakers.

Consumer Legal Funding should be responsibly regulated, and strong consumer protections and meaningful industry standards are entirely compatible with preserving access. But regulation should begin with an understanding of why consumers need the product and what consumers themselves say about its value.

When policymakers consider laws or regulations that could significantly restrict Consumer Legal Funding, they should also consider what happens to the consumer afterward.

The accident has not disappeared. The pending legal claim has not suddenly been resolved. The rent has not gone away. Neither have the utility bill, grocery bill, car payment, or other everyday household obligations.

The most important voices in this debate should include the people who have actually faced that difficult period and used the product.

Across two surveys, three years, and hundreds of consumers from across the country, the message is remarkably consistent:

The need is real. The product serves an important purpose. And overwhelmingly, consumers say they would use it again.

A version of this commentary first appeared in The National Law Review.

Commentary Argues Funding Disclosure Bills Would Weaken Small-Business Patent Enforcement

A new opinion piece defends third-party litigation funding as a precondition for small businesses and independent inventors being able to enforce their intellectual property rights, and argues that pending federal disclosure legislation would undercut them.

As reported by the Washington Examiner, the commentary is written by Kristen Osenga, chief policy counselor of the Inventors Defense Alliance and a professor of law at the University of Richmond School of Law. She frames funding as an access-to-justice question for the innovation economy rather than a question of litigation volume.

The piece points to two measures now before Congress: Representative Darrell Issa's Litigation Transparency Act and Senator Thom Tillis's Tackling Predatory Litigation Funding Act. Osenga argues that mandatory disclosure of funding arrangements would hand well-resourced defendants insight into a plaintiff's financial position and litigation strategy, giving them a means to outlast smaller opponents rather than resolve the merits.

Her economic case rests on the role small firms play in US innovation. Small businesses account for roughly 45% of US GDP, and smaller companies produce approximately 50% more patents per employee than large companies. Without outside capital, she contends, those inventors face infringement by parties who can afford to litigate indefinitely.

The commentary likens litigation funding to the contingency fee arrangement, a long-accepted mechanism for shifting cost risk away from claimants who cannot bear it. "The right to sue is only valuable if you can afford to exercise it," Osenga writes, casting the disclosure debate as one over who retains practical access to the courts.