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Court Approves A$22.5M CommInsure Settlement Leaving Group Members Just 23% of the Fund

The Federal Court of Australia has approved a A$22.5 million settlement in a class action against two former Commonwealth Bank wealth management units, under which group members will receive A$5.12 million and the lawyers and litigation funder will take the balance.

As reported by Lawyerly, Justice Jonathan Beach approved the settlement in a proceeding the publication described as having been assessed as likely to fail had it gone to trial. Group members' share works out at roughly 23% of the gross settlement sum. Law360 reported that the funder's share of the fund is A$8.3 million.

The claim was run by Shine Lawyers and funded by Woodsford, and was brought on behalf of clients of Commonwealth Financial Planning and Financial Wisdom in connection with life insurance policies issued by CommInsure and AIA Australia. The allegation was that advisers failed to act in clients' best interests, including by not telling them that substantially similar or better cover was available elsewhere.

The approval places another data point in the running Australian debate over what proportion of a settlement fund should reach claimants. Where a case is settled at a discount because of litigation risk, the funder's commission and the solicitors' deferred fees and uplift are calculated against a gross sum that has already been written down, compressing the residual pool.

The outcome will be read closely by courts weighing common fund orders and funder commission in group proceedings, where the distribution split has become as contested as the merits.

LCM Extends Northleaf Covenant Waiver to September 30 as Strategic Review Continues

Litigation Capital Management has secured another one-month extension of the covenant waiver on its debt facility with Northleaf Capital Partners, moving the expiry from 31 August to 30 September 2026.

As reported by Investegate, the AIM-listed funder told the market that the commercial terms are unchanged from the original waiver. Loan interest remains increased by 2.00% per annum for the duration of the waiver period, and there is no additional one-time waiver fee attached to this extension.

LCM said the extension reflects "Northleaf's ongoing support while LCM works towards a long-term resolution of its capital position." The company added that the Strategic Review first announced on 15 September 2025 "continues to progress," and that it will provide an update on that process in due course.

The announcement is the latest in a rolling series of short extensions that has run since December 2025, with each successive waiver granted for roughly a month at a time. The pattern has become the clearest public marker of where LCM stands with its lender: Northleaf has repeatedly declined to call the covenants, but has also declined to grant relief on anything longer than a monthly horizon.

The sequence has not been uneventful. Earlier extensions were accompanied by warnings of negative developments on case investments and expected material write-downs, and in July the company disclosed that permission to appeal in a competition claim had been rejected.

For a funder whose balance sheet depends on the timing of case resolutions, the repeated one-month cadence leaves the underlying question unresolved: whether the Strategic Review produces new capital, a sale, or a run-off.

ARC’s Schuller Argues Consumer Legal Funding Safeguards Have Become a Bipartisan Settlement

The president of the Alliance for Responsible Consumer Legal Funding has argued that consumer protection and access to legal funding are not competing goals, pointing to near-identical safeguards enacted in states at opposite ends of the political spectrum.

Writing in the National Law Review, Eric Schuller compares the frameworks adopted in Kansas, Utah, California and New York and finds the same core provisions recurring regardless of which party controls the legislature. The starting point is the product itself: consumer legal funding is non-recourse, so repayment depends solely on the proceeds of the claim and a consumer who recovers nothing owes nothing.

From there, the statutes converge on disclosure. Kansas HB 2518 requires agreements to use "common, everyday language" and to state all charges and the maximum amount the consumer could owe; New York requires "common, understandable language" alongside a repayment schedule. Cancellation rights follow a similar pattern, with Kansas and New York providing ten business days, Utah HB 280 extending its window from five days to ten, and California allowing five business days to rescind.

Each state also builds in the claimant's attorney. Kansas requires an attorney acknowledgment confirming the disclosures were reviewed and that no referral fee was paid, without which the contract is null and void. All four bar funding companies from influencing the conduct, settlement or resolution of the claim, leaving those decisions with the consumer and counsel.

On enforcement, Kansas permits penalties of up to $10,000 per willful violation, California provides statutory damages and attorney's fees, and New York allows a company to forfeit its right to recovery.

Lawfront Appoints Former esure Chief Executive to Lead Next Phase of Backed Growth

Lawfront, the private equity-backed group that has assembled a portfolio of regional UK law firms since 2021, has named former esure Group chief executive Peter Martin-Simon as its new chief executive. He succeeds Neil Lloyd, who is retiring.

As reported by Legal Futures, the appointment comes shortly after a refinancing that nearly doubled the group's available funding, positioning it for a further round of acquisitions. Lawfront now employs roughly 1,500 staff and turns over in the region of £170 million.

The group has been one of the more visible consolidators in the UK legal market, acquiring Brachers, Farleys, Fisher Jones Greenwood, Nelsons, Slater Heelis, Trethowans and Field Seymour Parkes. Its model rests on external capital funding a buy-and-build strategy across established regional practices, with the acquired firms retaining their own brands.

Martin-Simon's background sits in insurance rather than legal services, having led esure Group, and the hire signals an emphasis on operational scale and capital deployment as the group moves into its next phase.

The appointment is relevant to the litigation finance sector less for any direct funding activity than for what it illustrates about the flow of institutional capital into legal services. The consolidation of law firms under private equity ownership sits alongside third-party litigation funding as a route by which outside investors take economic exposure to legal outcomes, and it is drawing comparable regulatory attention. In England and Wales, alternative business structures permit non-lawyer ownership, a position that contrasts sharply with most U.S. jurisdictions, where similar arrangements are typically structured through managed services organisations.

Commentary Argues Disclosure Momentum Now Runs From Grassley’s Bill to a Widening Group of States

A newly published opinion piece argues that the push to compel disclosure of third-party litigation funding has moved past isolated state experiments and become a coordinated reform effort spanning Congress, statehouses and federal rulemaking.

As reported by the Las Vegas Review-Journal, the commentary by Jack Kalavritinos of InsideSources centres on the Litigation Funding Transparency Act of 2026, introduced in February by Senator Chuck Grassley (R-Iowa) and co-sponsors. The piece frames the federal bill as the anchor of a broader movement rather than a standalone measure.

At the state level, the author points to Georgia's Courts Access and Consumer Protection Act and to enacted reform legislation in Arizona, Colorado, Kansas, Montana and Oklahoma, with Ohio and North Carolina added to the list of jurisdictions taking up the issue. The commentary treats that spread as evidence of durable legislative appetite rather than a single-session trend.

The piece also draws on the Washington Health Innovation Council's 2024-25 annual report, which it says documents litigation funders targeting health-care innovators, and notes that Lawyers for Civil Justice has made a joint filing seeking an amendment to the Federal Rules of Civil Procedure. The U.S. Chamber Institute for Legal Reform is cited as tracking the momentum.

The author's central objection is that funders are "pouring billions of dollars into lawsuits" without courts, defendants or claimants necessarily knowing who is behind a case, concluding that "justice should not be a financial product." No figures on total industry size are offered.

The commentary reflects the reform side of an ongoing debate in which funders argue that disclosure mandates risk exposing privileged strategy and deterring legitimate access to capital.

Funders, Insurers and Lawyers to Take £100M of Google’s £260M UK Play Store Settlement

Alphabet has agreed to pay £260 million to settle a UK collective action brought on behalf of app developers over Google Play commissions, with £160 million earmarked for the class and £100 million allocated to the funders, insurers and legal team that carried the case. That stakeholder allocation amounts to roughly 38% of the total settlement fund.

As reported by EU Today, the proposed settlement resolves a claim alleging abusive Play Store commissions without any admission of liability by Google. The £160 million class pot is to be distributed to UK-domiciled developers that sold digital content through Play Store-distributed apps between August 2018 and July 2026.

The claim was brought before the Competition Appeal Tribunal by competition law professor Barry Rodger of the University of Strathclyde, who instructed Geradin Partners. The case was certified in May 2025 and had originally been valued at more than £1 billion, with the underlying allegation that Google restricted developers' ability to distribute apps outside the Play Store while charging commissions of around 30%. Litigation funding for the proceedings has been provided by Bench Walk Advisors.

The Tribunal has listed a settlement approval hearing for 15 September, at which it will apply the statutory test of whether the agreement is just and reasonable. Represented persons had until 10 September to file written submissions. Approval would avert a trial scheduled to begin on 28 September that was expected to run for ten weeks.

Damien Geradin described the agreement as the largest settlement to date under the UK's opt-out competition regime. Google maintains it has strong defences to the claim.

California Legislature Sends Newsom Bills Barring Investors From Steering Funded Cases

California lawmakers have passed a pair of bills that would restrict the influence outside capital can exert over litigation, sending both measures to Governor Gavin Newsom for signature. Together they represent one of the most direct state-level attempts yet to regulate the relationship between private investors and the law firms they finance.

As reported by the Edinburg Post, which carried the Los Angeles Times account of the vote, AB 2305, authored by Assemblymember Ash Kalra (D-San José), would bar private equity firms and hedge funds from dictating case strategy after funding a law firm. The measure targets investor involvement in decisions such as how many clients a firm signs and when a case settles, and it prohibits firms from using investor money for case marketing. Enforcement would sit with the State Bar.

The companion measure, AB 2039 from Assemblymember Rick Chavez Zbur (D-Los Angeles), addresses client solicitation. It would strip the licence of any attorney convicted of felony capping, or of misdemeanor capping where the lawyer acted knowingly and for financial gain, and carries fines of up to $25,000 per violation alongside new whistleblower protections for law firm employees.

Both bills were sponsored by the Consumer Attorneys of California. Zbur framed the package as a response to reported patterns of attorney misconduct, while Consumer Attorneys president Douglas Saeltzer said the group was "not trying to insulate ourselves from accountability."

Not everyone is satisfied. Jaime Huff of the Civil Justice Association of California withdrew support for AB 2305, describing its enforcement mechanism as toothless: "It's like the mall cop of self-policing." The bills now await the Governor's decision.

Ignite Specialty Risk Argues Conventional ATE Limits No Longer Match the Claims Being Run

The head of personal lines at Ignite Specialty Risk has argued that standard after-the-event indemnity limits are being outgrown by higher-value claims and group actions, and that insurers need to rethink both limits and long-standing exclusions.

As reported by Legal Futures, Kyle Stubbs writes that modest limits and standard policy structures served personal injury and consumer claims adequately for years, but that "as damages, disbursements and adverse costs exposure continue to increase, there are more cases where conventional scheme limits may no longer provide adequate protection." He identifies catastrophic injury, clinical negligence and professional negligence as the areas where the gap is widest.

Group litigation is the second pressure point. Multi-party claims have historically been excluded from many ATE products, an approach Stubbs argues is becoming untenable. "The growth of collective consumer actions and multi-party litigation means these claims are likely to become a far more established part of the legal landscape over the next decade," he writes, suggesting insurers will need to price the risk rather than carve it out.

The piece also points to rising complexity in costs management and regulatory attention on premium fairness and consumer protection, with pressure for premium structures that remain proportionate to the cover provided.

Ignite has expanded its litigation insurance footprint over the past several years, launching capital protection insurance in the US, extending its offering across the EEA and entering the Australian market with a Sydney hire.

Signature Litigation Says CAT Reform Should Filter Weak Claims Without Chilling Genuine Ones

Lawyers at Signature Litigation have argued that the UK government's latest consultation on the opt-out collective actions regime must raise the certification bar without loading additional cost and delay onto class representatives.

As reported by The Global Legal Post, partner Becca Hogan, senior associate Tom Crawford and paralegal Nikki Sutton-MacGregor write that businesses facing collective claims can incur significant cost, uncertainty and reputational exposure before the merits are tested, while a low certification threshold leaves claimants exposed to funding expensive claims that ultimately fail.

The Department for Business and Trade consultation proposes a more explicit statutory merits test and closer scrutiny of costs against overall benefits. The authors note one proposal would have the Competition Appeal Tribunal indicate the "reasonableness" of a litigation funder's return at the point of certification. They cite the consultation's reference to claims against Stagecoach South Western Trains, where less than £216,000 reached class members against "more than £10 million" paid to lawyers, funders and other advisers.

On funding, the authors observe that the consultation "appears to give the green light for damages-based agreements," which would go further than the stalled Litigation Funding Agreements (Enforceability) Act 2024 by permitting DBAs directly in opt-out proceedings. They argue wider funding options should increase competition, reduce the cost of litigation finance and lift claim volumes, noting that market practice currently suggests a quantum of at least £500 million is needed to attract certain funders.

The consultation closes on 25 September 2026.