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Felix von Zwehl Launches German Litigation Funder MOMENTUM Legal Finance

By John Freund |

A new entrant has arrived in the European litigation funding market, with Felix von Zwehl announcing that MOMENTUM Legal Finance, a German funder he has spent recent months building, is now operational. Von Zwehl brings more than 15 years in dispute resolution and a decade in litigation finance to the venture, which is positioned around the enforcement of high-value commercial claims.

According to MOMENTUM Legal Finance, the firm is built on the conviction that markets create sustainable value only when their rules are respected, and that conduct such as cartels, abuse of dominant position, market manipulation, and intellectual property infringement harms not only individual claimants but trust, competition, and market integrity more broadly. The funder frames its mission as making private enforcement accessible, disciplined, and economically rational for those who have suffered harm.

MOMENTUM's model centers on financing the enforcement of claims and participating in the recovery upon success, with a deliberate focus on a select number of high-value commercial disputes. The firm also offers a claim-purchase option, acquiring claims outright to provide immediate liquidity. It says it combines legal-AI tools with the experience of senior industry figures on its advisory board to strengthen legal analysis, while stressing that technology is meant to support rather than replace human judgment.

Von Zwehl emphasized a client-centric approach, pledging to work directly with claimants as decision-makers rather than through layers of committees and to remain committed to cases through resolution. The launch adds further depth to Germany's increasingly competitive litigation funding landscape.

Burford Capital Sees Growing Market for Minority Equity Stakes in Elite Law Firms

By John Freund |

Burford Capital intends to expand its minority equity investments in elite law firms across the United Kingdom and United States, betting that growing appetite for law-firm ownership will open a new avenue alongside its core litigation finance business. The plan signals deepening convergence between funders and the firms they back.

As reported by Law360, Burford's new London-based chief operating officer told the publication that the funder plans to step up minority stakes in top-tier firms that already use its litigation finance. The strategy reflects what Burford describes as a growing market for law-firm equity, as relaxing rules on outside ownership in some jurisdictions create openings for capital providers to take direct positions in legal practices.

The move builds on arguments Burford leadership has advanced in recent months in favor of outside capital in law-firm ownership, positioning the funder to participate not only in the outcomes of individual cases but in the enterprise value of the firms litigating them. By targeting firms that are already clients, Burford can underwrite equity investments informed by an existing understanding of a firm's case portfolio and performance.

The plan lands amid an intensifying debate over non-lawyer ownership of law firms, with regulators in the U.S. and U.K. taking divergent approaches and several states moving to restrict private equity and outside investor control. For Burford, the largest publicly traded litigation funder, expanding into minority equity stakes represents a calculated push to broaden its footprint in a legal market increasingly open to institutional capital.

Uber Demands Mishcon de Reya’s Communications with Former Funder Harbour in £340M Claim

By John Freund |

Uber has asked a London court to order law firm Mishcon de Reya to hand over its communications with a former litigation funder, arguing the documents are not privileged and could show that claims worth £340 million were brought out of time. The dispute reopens a recurring and contentious question in funded litigation: how far the shield of privilege extends over a party's dealings with its funder.

As reported by Law360, Uber is seeking correspondence between Mishcon de Reya and Harbour Litigation Funding Ltd., the funder previously connected to the claim valued at roughly £340 million ($455 million). Uber contends that the materials lack legal privilege and are therefore discoverable, and that they could demonstrate the claims were filed outside the applicable limitation period.

The request places the discoverability of funder communications squarely at issue. Parties resisting such demands typically argue that exchanges with funders are protected by litigation privilege or work-product principles, while opponents counter that purely commercial or timing-related communications fall outside those protections. Uber's bid frames the funder correspondence as potentially decisive on the threshold question of whether the claims are time-barred.

The application reflects a broader trend of defendants probing the relationship between claimants, their counsel, and their funders, particularly where the timing or financing of a claim may bear on its viability. The outcome could offer further guidance on where English courts draw the line between privileged litigation strategy and disclosable funding arrangements, an issue of mounting significance as third-party funding becomes embedded in high-value UK disputes.

CAC Enters UK Contingent-Risk Insurance Market with London Launch

By John Freund |

CAC, the contingent-risk insurance arm of The Baldwin Group, has opened a London office to push into the UK and European market for litigation and contingent-risk insurance, products that increasingly underpin the litigation funding ecosystem. The expansion reflects rising demand for risk-transfer tools as collective actions and funded claims proliferate across Europe.

As reported by Insurance Business, CAC has placed more than $6.5 billion in insurance limits to date and is positioning London as a strategic hub to serve European clients. The firm pointed to a 93% rise in European class actions since 2019 and projections that the European litigation funding market will grow from €3 billion to €7 billion by 2032 as key drivers of the move.

To lead the office, CAC appointed Nick Moore as senior vice-president and head of its London contingent-risk practice. Moore brings more than 15 years across litigation, arbitration, and legal-asset investment, having qualified as a solicitor at CMS Cameron McKenna before holding senior investment roles at litigation funder Therium Capital Management and, more recently, contingent-risk leadership at a global insurance broker.

The London operation will offer after-the-event (ATE) insurance, capital protection cover, insurance-backed financing for law firms, secondary-market trade coverage, and adverse-judgment insurance, a suite of products closely intertwined with how funders structure and de-risk their portfolios. "Clients operate across multiple geographies and their exposures reflect that," said Andrew Mutter, executive vice-president of contingent-risk insurance, framing Moore's cross-disciplinary background as well-suited to the expansion. The entry adds capacity to a market on which litigation funders increasingly rely.

Irwin Mitchell Weighs Private Equity Funding to Buy Out Former Partners

By John Freund |

UK national law firm Irwin Mitchell is considering external private equity investment to repurchase shares held by former partners, a step that would mark another instance of outside capital flowing into the legal profession. The deliberations come as the boundaries around non-lawyer investment in law firms continue to shift on both sides of the Atlantic.

As reported by Law360, the firm is weighing outside investment to acquire shares held by former partners who collectively own more than half of the business. Irwin Mitchell stated that it "hasn't decided to accept outside investment," indicating the matter remains at a preliminary stage rather than a settled course of action.

The concentration of equity among former partners presents a structural and governance challenge, and a buyout funded by external capital could allow the firm to consolidate ownership and chart its strategic direction more freely. Such arrangements have become increasingly viable in England and Wales, where alternative business structures permit non-lawyer ownership of legal practices, a regime that has drawn growing interest from private equity.

The development adds to a steady stream of activity around outside investment in law firms, a trend that sits adjacent to litigation finance and has prompted regulatory pushback in several U.S. states wary of investor influence over legal practice. For the litigation funding community, Irwin Mitchell's deliberations underscore how private capital is steadily reshaping the ownership and economics of the firms that drive litigation, even as the appropriate limits of that capital remain hotly contested.

Boies Schiller’s Tim Foden on Funding the Business of Suing Governments

By John Freund |

For litigants taking on sovereign states, third-party funding is often the only thing that makes a claim possible. That is the message from Tim Foden, co-head of international arbitration at Boies Schiller Flexner in London, who offered a candid defense of the funding industry and a window into the high-stakes world of investor-state disputes.

As reported by Non-Billable, Foden specializes in claims by companies seeking compensation for government conduct that destroys the value of their assets. He sorts these disputes into two categories: "laws" cases, in which regulatory changes block a project, and "guns" cases, involving outright seizures by state forces, much of his work centered on mining operations across sub-Saharan Africa and other emerging markets.

Foden pushed back forcefully against criticism that funders bankroll weak claims, calling such suggestions "fatuous" and emphasizing the rigor of funders' underwriting. "They diligence these cases within an inch of their lives," he said. He noted that clients who have lost major assets frequently lack the resources to pursue claims against well-funded sovereign adversaries on their own, making outside capital essential to leveling the playing field.

He also offered an optimistic read on London's standing as an arbitration center, observing that English law remains the preferred choice for international contracts and continues to anchor the city's relevance in global dispute resolution. Foden's account, including encounters with intimidation and dangerous site visits, underscores both the risks and the economics that make litigation funding indispensable to investor-state claims, a segment where the capital at stake and the adversaries involved are uniquely formidable.

Reformers Warn UK Government Inaction on PACCAR Reversal Threatens Litigation Funding Integrity

By John Freund |

Frustration is mounting over the UK government's failure to act on reversing the Supreme Court's 2023 PACCAR decision, with former members of the body that reviewed litigation funding warning that prolonged delay is damaging the market and eroding Britain's standing as a global dispute-resolution hub. Nearly three years on from the ruling, no corrective legislation has materialized.

As reported by the Law Society Gazette, Nicholas Bacon KC and Dr John Sorabji, both former members of the Civil Justice Council's working party on litigation funding, voiced sharp disappointment at the lack of progress. Bacon called the inertia "terribly frustrating" and warned that delay leaves cases trapped in satellite litigation, while Sorabji said the 14-month wait was incomprehensible given the urgency the CJC's report stressed and the ongoing market uncertainty.

The PACCAR ruling reclassified many litigation funding agreements as damages-based agreements, potentially rendering them unenforceable and triggering a wave of disputes over existing arrangements. The Civil Justice Council's review recommended urgently reversing the decision through retrospective legislation, a recommendation the government accepted, alongside a December 2025 pledge from courts minister Sarah Sackman KC to clarify that funding agreements are not damages-based agreements.

Yet no bill has emerged, and the King's Speech contained no provisions on the issue, with employment minister Kate Dearden recently citing the complexity of the review as justification for further time. Reformers warn that continued inaction risks pushing funded cases and investment toward rival jurisdictions, jeopardizing the UK's competitive advantage in international dispute resolution.

Balance Legal Capital Backs £2 Billion Collective Claim Against Booking.com Over Hotel Pricing

By John Freund |

Booking.com is facing a planned £2 billion collective action in the UK's Competition Appeal Tribunal over the pricing provisions in its contracts with hotels, in a claim financed by litigation funder Balance Legal Capital. The case is the latest example of third-party capital powering large-scale, opt-out consumer claims against major technology platforms.

As reported by MLex, the proposed claim will be brought before the Competition Appeal Tribunal on behalf of millions of UK consumers, with proposed class representative Chris Warner alleging that buyers have systematically overpaid for hotel and travel accommodation. Total damages are estimated at more than £2 billion, and the claim is expected to be filed at the tribunal soon.

At the heart of the case are the pricing provisions in Booking.com's agreements with hotels, which the claim contends harmed consumers by inflating the prices they paid. Such "price parity" arrangements have drawn sustained competition-law scrutiny across Europe, providing a foundation for follow-on damages claims of the kind now taking shape in the UK.

The case underscores the central role litigation funders continue to play in the UK's collective proceedings regime, where the scale and cost of opt-out claims make outside capital essential. Balance Legal Capital's backing allows a single representative to pursue redress on behalf of millions of consumers who could not realistically litigate individually. The filing also lands amid intensifying debate over the future of funded collective actions in Britain, as reformers press the government to restore certainty to litigation funding agreements in the wake of the PACCAR ruling.

Senior Indian Advocate Backs Formal Recognition of Litigation Funding, but Rejects Lawyer Success Fees

By John Freund |

As India weighs how to modernize the financing of disputes, senior advocate Mahesh Agarwal has staked out a clear position: third-party litigation funding should be formally recognized, but lawyers should not be permitted to take a financial stake in the cases they handle. His comments add a prominent voice to a growing debate over how far India's legal market should go in embracing outside capital.

As reported by Bar and Bench, Agarwal drew a sharp distinction between third-party funding and lawyer participation in outcomes. While supportive of recognizing litigation funding as a legitimate, separate mechanism, he firmly opposed success fees for attorneys, saying, "a lawyer or a law firm getting involved or taking a stake in the litigation, I think we are not that mature as of now."

His concern centers on professional integrity, with Agarwal arguing that India's legal system is not yet equipped to manage arrangements in which attorneys profit directly from the results they secure for clients. The distinction mirrors the approach taken in several jurisdictions that permit third-party funding while restricting contingency-style lawyer compensation.

Agarwal also voiced unease about the state of Indian arbitration, observing that it "has lost respect" amid mounting delays and challenges, and suggested mediation may prove more effective for resolving commercial disputes. He further criticized "no order as to costs" practices that allow parties to litigate without financial consequence, encouraging prolonged and frivolous disputes. Taken together, his remarks frame litigation funding as a tool that could strengthen access to justice in India, provided it is introduced with appropriate guardrails.