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Member Spotlight: Louisa Klouda

Louisa Klouda is the founder and CEO of Fenchurch Legal. She set up the business in early 2020, after identifying a gap for additional small-ticket litigation funders in the UK market.

Louisa is responsible for day-to-day operations, strategic direction and capital raising. Louisa's expertise in sourcing, underwriting and managing borrowers, as well as attracting investor capital has been instrumental in Fenchurch Legal's growth.

 

Prior to setting up Fenchurch Legal, Louisa worked within corporate finance, specializing in the asset backed lending industry. She managed the broking and dealing desk for secured debt securities, structured various investment products and facilitated some large M&A transactions.

About Fenchurch Legal: Fenchurch Legal is a UK-based litigation financier, specialising in providing disbursement funding to small to medium-sized law firms in the UK. The financing funds small ticket ATE (“After the Event”) cases and covers associated disbursements, all backed by ATE insurance policies. Their focus on smaller claims, often overlooked in traditional funding, ensures that even modest claims, like housing disrepair claims receive the backing necessary to navigate the legal process, ultimately facilitating access to justice and contributing to a more balanced and inclusive legal landscape. Understanding law firm needs, Fenchurch Legal delivers solutions to remove pain points and has developed an offering to avoid problems such as complex drawdown procedures, undisclosed fees, and non-funding of crucial costs like WIP capital. In addition to collaborating with borrowers, we extend the opportunity to investors to invest in this unique market. Fenchurch Legal sets itself apart with a focus on smaller-ticket claims, flexible entry points, and robust security features, making it an accessible and attractive choice for those seeking alternative investment opportunities. The company continues to innovate and has recently developed its own loan management software, providing a bespoke platform for managing loan repayments, monitoring, reporting and onboarding –  significantly enhancing the whole business operations, driving efficiency and enabling the business to scale. Company Website: https://www.fenchurch-legal.co.uk/ Year Founded:  2020 Headquarters:  London Area of Focus: Fenchurch Legal is solely focused on funding smaller cases with an established legal precedent at high volumes. These protocol-driven consumer claims (housing disrepair, Plevin, PCP, financial mis-selling) offer a high potential for success. Member Quote: “The funding market is increasingly recognising the importance of smaller claims. Small ticket litigation funding plays a vital role in the UK legal landscape, offering an alternative approach to financing legal claims. Small-ticket funders like Fenchurch Legal focus on quantity, funding a high volume of smaller cases. Our core strength lies in our deep understanding of the small-ticket claims landscape. We have developed a rigorous and data-driven vetting process tailored to this specific segment of litigation funding, allowing us to identify top-tier law firms and high-potential case types with lower individual risk profiles. At Fenchurch Legal, we believe in the transformative power of small-ticket disbursement funding, and our commitment extends to both law firms and investors. Small-medium law firms can take on cases that might otherwise go unfunded whilst providing an avenue for investors looking for alternative investment opportunities within the litigation funding market.”
Announcements Commercial People Moves

Zachary Segal Joins LCM as an Investment Manager

Litigation Capital Management (LCM) has announced that Zachary Segal has joined the team as an Investment Manager. In a post on LinkedIn, LCM announced the new hire to their over 3,600 followers. Segal has more than 20 years of experience in the legal profession, specializing in all forms of dispute resolution, and in particular international arbitration, including investor-state disputes, and commercial litigation. LCM hopes that with his impressive background, he will play a key role in driving LCM’s growth and success. The team at LCM wrote: "We are thrilled to have Zach onboard and look forward to the valuable contribution he will make to our team."
Announcements Commercial People Moves

DELTA CAPITAL PARTNERS WELCOMES ACCOMPLISHED PRIVATE EQUITY FUND PROFESSIONAL AS CHIEF FINANCIAL OFFICER

Delta Capital Partners Management, a global private equity firm specializing in litigation and legal finance, is pleased to announce that Jonathan Patrick has joined the firm as its Chief Financial Officer and Chief Compliance Officer.  Patrick will be based in the firm’s Chicago headquarters. Patrick will oversee Delta’s finance, accounting, compliance, human resources, and administrative functions; and will work closely with senior management on all capital market activities, tax and valuation matters. Prior to joining Delta, Patrick served for over 10 years as the Controller of EnCap Investments, a leading provider of private equity growth capital (over $20 billion of AUM) to independent energy companies, focusing on treasury, fund operations and management company financial reporting.  Additionally, Patrick spent over five years in public accounting, including time at Deloitte in their Audit and Enterprise Risk Services practice, and has experience in the Treasury and SEC Financial Reporting functions for Ares Management in Los Angeles. Christopher DeLise, Delta’s Founder, CEO, and Co-CIO stated that “Delta is incredibly pleased to have someone of Jonathan’s caliber and expertise join the firm as we continue to scale our business to increase market share and better serve our investors and customers across the globe.  Jonathan’s experience and responsibilities at EnCap will enable him to bring best practices in the areas of private equity, capital markets, and finance to Delta in anticipation of our significant planned growth in 2024 and beyond.” “I am excited to join and look forward to applying my experience and skillset to Delta Capital Partners.  Collaborating with the established team here is such a great opportunity and I am eager to be part of this growth.” said Patrick. About Delta Delta Capital Partners Management LLC is a US-based, global private equity firm specializing exclusively in litigation and legal finance, judgment and award enforcement, and asset recovery.  Delta creates bespoke financing solutions for professional service firms, businesses, governments, financial institutions, investment firms, and individual claimants to enable them to investigate claims, pursue litigation or arbitration, recover assets, enforce judgments or awards, and more effectively manage their risks, cash flow, and capital expenditures.
Announcements Commercial People Moves

DELTA CAPITAL PARTNERS WELCOMES ESTEEMED PRIVATE EQUITY AND ASSET MANAGEMENT PROFESSIONAL TO ITS BOARD OF ADVISORS

Delta Capital Partners Management, a global private equity firm specializing in litigation and legal finance, is pleased to announce that effective March 1, 2024, Anthony Donofrio has joined its Board of Advisors. Prior to joining Delta, Donofrio spent 16 years as the Managing Director, Head of Legal Transactions, and Chief Operating Officer of Co-Investments at Hamilton Lane Advisors, one of the world's leading private markets investment management firms with over $900 billion of assets under management and supervision.  In his capacity as Head of Legal Transactions, Mr. Donofrio led a team of attorneys in the negotiation and execution of thousands of private equity primary, secondary, and co-investment transactions and private market credit investments.  As the Chief Operating Officer of Co-Investments, Mr. Donofrio oversaw all operational aspects of Hamilton Lane’s $5 billion co-investment strategy, with both the team and assets under management of the program more than doubling in size during his tenure. Christopher DeLise, Delta’s Founder, CEO, and Co-CIO stated that “Delta is honored to have such a respected and accomplished private equity and asset management professional join its Board of Advisors.  One of the things that sets Delta apart from other litigation funders is the strength, depth, and accomplishments of its Board.  Anthony is a welcomed addition to such an esteemed group and we very much look forward to benefitting from his wisdom, experiences, and talents for many years to come.” “It is an incredible privilege to join Delta’s Board of Advisors.  I am energized to work alongside Chris and the rest of Delta’s best-in-class team, and I look forward to contributing my private equity and legal experience as Delta continues to execute its global growth strategy,” said Donofrio. About Delta Delta Capital Partners Management LLC is a US-based, global private equity firm specializing exclusively in litigation and legal finance, judgment and award enforcement, and asset recovery.  Delta creates bespoke financing solutions for professional service firms, businesses, governments, financial institutions, investment firms, and individual claimants to enable them to investigate claims, pursue litigation or arbitration, recover assets, enforce judgments or awards, and more effectively manage their risks, cash flow, and capital expenditures.
Commercial Regulatory Issues

Analyzing the Potential Impact of Florida’s Litigation Funding Bill

Florida is one of the latest US states to see the introduction of draft legislation focused on the regulation of litigation finance. Whilst the bill is currently stalled within the Florida legislature, it is important to consider what impact such a piece of legislation would have, if it is eventually signed into law in its current form. An insights piece from John J. Hanley, partner at Rimon Law, examines the current draft legislation making its way through the Florida legislature, which aims to place new guidelines and restrictions on the use of third-party litigation funding in the state. Hanley begins his analysis by noting that this bill has been the subject of intense lobbying, with 67 lobbyists from interest groups and industry associations contributing to the debate over the legislation. Looking at the core features of the Litigation Investment Safeguards and Transparency Act (LISTA), Hanley points out that the idea the bill is designed to protect consumers is misguided, as the focus of the legislation is directed towards commercial litigation finance arrangements.  Hanley also explains that whilst the bill prohibits various ways funders could control the litigation process, these are largely superfluous measures, given that every funding agreement that Rimon has reviewed already contains these provisions. Similarly, the legislation’s prohibition on funders paying commissions or referral fees is not expected to have a significant impact on the industry, because these commissions ‘are paid by the party receiving funding and not the funder.’ On the bill’s requirement that funders should not receive a larger portion of any damages or award than the plaintiffs themselves, Hanley states that ‘this is a good idea’ and highlights that many ‘reputable funders are already striving to achieve this.’ In contrast, Hanley says that the legislation’s ban on the assignment or securitization of funding agreements ‘is probably the worst feature of LISTA.’ He argues that if such a prohibition were enacted, it would ‘kill liquidity and make it difficult for funders to allocate capital which in turn will drive up pricing and further hurt small business in Florida seeking to fight deep pocketed defendants.’
Announcements Commercial

Burford Capital Reports Record 2023 Results

Burford Capital Limited ("Burford"), the leading global finance and asset management firm focused on law, today announces its fourth quarter and full year 2023 results. In addition, Burford has made available an accompanying fourth quarter and full year 2023 results presentation, a shareholder letter and capital provision-direct and capital provision-indirect asset data tables on its website at http://investors.burfordcapital.com. Christopher Bogart, Chief Executive Officer of Burford Capital, commented: "Burford had an extraordinary year. Our earnings per share rose 19x to $2.74, driven by a tripling of consolidated total revenues to $1.1 billion in 2023 due to significant growth in capital provision income, with and without our YPF-related assets. We achieved a Burford-only net income margin of 63%. With the courts fully back in business, we had an active year and we anticipate further substantial levels of activity in 2024 and 2025. Increased portfolio velocity was reflected in record core legal finance realizations, cash receipts and realized gains, as well as sizeable unrealized gains arising from the portfolio moving forward. Our ROTE soared to 32% in 2023 from 2% in 2022, and we increased tangible book value by 34% to $9.85."
Commercial Regulatory Issues

CAT Continues to Send Revised Funding Agreements to the Court of Appeal

As the UK government accelerates its efforts to implement new legislation to address the impact of the Supreme Court’s PACCAR ruling on litigation funding, the courts continue to deal with ongoing attempts to revise litigation funding agreements to comply with PACCAR. An article in Legal Futures provides an overview of activity in the CAT in 2024, which has granted permission for a number of revised litigation funding agreements (LFAs) to go before the Court of Appeal in the wake of the Supreme Court’s PACCAR ruling. The CAT’s latest decision is the third time this year that the CAT has sent funding agreements to the Court of Appeal, after the terms of the funder’s remuneration in each agreement had been reworked to comply with the PACCAR judgement. The first of these decisions from the CAT was in January and related to the collective proceedings brought against Sony over allegations that it overcharged customers through its distribution of videogames in the Playstation Store. In that case, the CAT ruled that the revised funding agreement which allowed for the funder to receive a percentage of the damages only if this was “enforceable and permitted by applicable law” did not violate the PACCAR ruling. Permission was granted to send the funding agreement to the Court of Appeal, with the CAT saying that a “conclusive” decision was required. The second permission granted for an LFA was in the case of Kent v Apple, where the funding agreement’s terms had been revised to specify that the funder’s returns would be calculated based on a multiple of costs rather than a percentage of damages.  The latest example cited by Legal Futures is the CAT’s decision on the funding agreements on the dual opt-in and opt-out collective proceedings which have been brought against Mastercard and Visa. In these proceedings, the returns for funders in the LFAs were revised from a percentage-based recovery to one based on the funder and ATE insurer’s costs, and a multiple of the funder’s spend. Once again, the CAT ruled in favour of sending the revised agreements to be reviewed, stating that the continuing uncertainty about these issues of funding enforceability arising in a series of cases before the tribunal is unlikely to be resolved without determination of the issues by the Court of Appeal”.
Case Developments Commercial

Delaware District Judge Rules in Favour of Woodsford Subsidiary in Dispute with Hosie Rice

In what appears to be the final word on the long-running dispute between Woodsford and Hosie Rice, a Delaware judge has ruled in favour of the litigation funder in its efforts to recoup $1.8 million from the law firm. An article in Legal Newsline covers the decision by U.S. District Judge Colm Connolly to rule in favour of Woodsford’s subsidiary Frome Wye, upholding the prior court order from a magistrate judge requiring Hosie Rice to pay $1.8 million to the funder. In his ruling, Judge Connolly said that Hosie Rice’s objections were “without merit” and found that they were not protected by Delaware’s usury law with regards to the law firm’s obligations to remunerate the funder. The origins of this dispute date back to Woodsford providing around $800,000 in funding for Space Data’s case against Google, with Space Data refusing to pay Hosie Rice after it reached a settlement with Google in 2020. After an arbitrator ruled that Space Data owed the law firm up to $4 million in costs but no contingency fee, Hosie argued that it was not required to award Woodsford any additional fee beyond the original loan repayments.  The $1.8 million award was handed down by an arbitration panel as a result of Woodsford’s subsequent lawsuit against Hosie Rice, in which the funder argued that it was owed additional remuneration as the $4 million client payment constituted a ‘revenue event’ for the law firm. 
Case Developments Commercial

High Court Judge Rules that Anonymous Funder’s Identity is Relevant in Webster v HMRC

The issue of disclosure in regards to litigation funding has been most associated, in recent years, with patent infringement litigation in the United States, as defendants and judges have probed the nature of the financiers backing lawsuits. However, an ongoing case in the High Court has brought this issue to light in a very different manner, after a claimant said that even they did not know the identity of their litigation funder. Reporting by International Tax Review highlights the case of Webster v HMRC in the High Court, where Justice Rowena Collins Rice ruled against the claimant’s application to strike out an abuse of process defense, over HMRC’s attempts to identify Webster’s litigation funder. Jennifer Webster, the claimant in the case, has stated that she does not know who is funding her case, as the funder has only backed the claim on the condition that its identity remains anonymous and would withdraw from the litigation if its identity was made public. According to the judge’s ruling, Mishcon de Reya, the law firm representing Webster, are aware of the litigation funder’s identity. The ruling came about after HMRC successfully sought a court order to force the claimant to disclose their funder’s identity, which led Webster’s legal team to attempt to have this defence struck out. In her ruling, Justice Collins Rice explained that the funder’s identity was relevant as it addresses concerns over this mystery financier’s motivations for the case. The judge stated:  “Funder identity goes, on HMRC’s case, to the core issue of whether this is a genuine private law claim, albeit a test case, generously funded by a disinterested and publicity-shy benefactor with a commitment to human rights, or whether the court’s processes are being abused by an unregulated attack, on a government department exercising statutory public functions in the public interest, made in the service of agencies whose own commitment to the UK public interest, and the interests of justice, is unapparent.” Commenting on the judgement, Dan Neidle, director of Tax Policy Associates, argued that despite the judge’s ruling being “very strange”, it was unlikely that the claimant would be successful if they appealed the decision. As for the mystery funder’s reasons for seeking anonymity, Neidle suggested that it could be a benign motivation or “possibly something more sinister: a person with something to hide, using this litigation to block the rules that prevent its secrets from being uncovered”.