The book La Financiación de Litigios en derecho español y comparado: estado del mercado y su regulación, (Thrid Party Funding in Spanish and Comparative Law) published by ARANZADI LA LEY, is being presented by Ramco Litigation Funding and ICADE University. This work provides clarity and reflection on this figure, which is undoubtedly a tool that helps to dynamise the legal sector and provides better access to justice.

This is the first collective book, with 21 leading authors, on Litigation Funding in Spain and is a guide to the status, nature and regulation of this figure in Spain and in Comparative Law. It is aimed at all professionals in the legal sector and includes, in a novel way, in a single work, the perspective of professionals from different areas of the legal sector (professors, lawyers, in-house lawyers, company lawyers, arbitrators, financiers, etc.) both nationally and internationally, on the different aspects of Litigation Funding. The book has been published in Spanish and will be published in English language at the beginning of next year.

Since the first funders entered Spain in 2017, Litigation Finance has seen exponential growth year on year, following the trend observed in other countries. Spain is the fourth country in its use in Europe, after the United Kingdom, Germany and the Netherlands, as indicated in the European Parliament report.

In recent years, the Spanish market has experienced a growing demand from companies, law firms and individuals, who see Litigation Finance as a tool to monetise their legal assets, reduce costs and manage risks.

The book was presented las Wednesday at ICADE's headquarters with the intervention of the Dean of the Faculty of Law and author, Abel Veiga, who stated that a work of this nature was necessary for reflection and debate on this figure in Spain. Urquiola de Palacio, exchairman of the UIA and arbitrator, the book's prologue writer, commented on the importance of the work in Spain, as well as its potential impact in other jurisdictions, and suggested that it should be translated into English in order to be sent to the European Commission in the process of research being carried out on the regulation of Litigation Funding.

The round table was moderated by Diego Agulló (professor of International Law in ICADE)  and the speakers were Antonio Muñoz Murillo, director of litigation at Iberdrola; Paulino Fajardo, partner at HSF Kramer; Ruth Rodríguez Lazcano, lawyer at the Technical Office of the Supreme Court; and Cristina Soler, CEO of Ramco Litigation Funding.

Antonio Muñoz Murillo spoke about the importance of the in-house figure in companies and the need for legal departments to adapt to business structures in order to be proactive, exploring new models that exist in the market to add value to their operations.

Paulino Fajardo insisted on the need to normalise the figure of the litigation funder as just another operator in the market and not as something extraordinary. He stated that lawyers owe it to their clients, and that it is up to their clients to decide whether or not to use these structures, while maintaining the lawyer's total independence.

For her part, Ruth Rodriguez explained the importance of reference works to guide judges and help them to better understand the framework and the use of funders.

Cristina Soler closed the event by thanking all the authors and ICADE, highlighting how important it is for Ramco to have promoted a book of this magnitude to raise awareness of this figure, which continues to grow in Spain with a high degree of user satisfaction, as stated in the recent report published by Ramco in 2023. He insisted that funders do not generate more frivolous litigation, as they study cases in depth and their chances of success; on the contrary, they generate resources for better access to justice.

Ramco will continue to promote valuable activities that provide information and help to improve the understanding of Litigation Finance in a transparent and coherent manner.

For more information: www.ramcolf.com  

The UK Competition Appeal Tribunal (CAT) has certified the £7 billion claim against Google brought by Nikki Stopford, a consumer rights campaigner, on behalf of tens of millions of UK consumers – rejecting Google’s attempt to torpedo the claim early, and adding to the Big Tech firm’s legal and regulatory woes.

The specialist UK court will require Google to defend its longstanding conduct in the search engine market, after approving the landmark legal action brought by Nikki Stopford and legal firm Hausfeld & Co LLP.

The claim accuses Google of exploiting its dominance in the search market to increase advertising costs, which were ultimately passed on to consumers. With certification now secured, millions of UK consumers are poised to pursue compensation for the economic harm caused by Google’s conduct.

The CAT’s decision is the latest in a series of setbacks for Google’s parent company Alphabet, which is fighting to preserve its all-important dominance in online search globally. Earlier this month, the US Department of Justice (DoJ) proposed that the US courts should force Google to sell its Chrome web browser, prohibiting Google from entering into agreements that make it the default search engine on smartphones and browsers, and additional restrictions to ensure its Android smartphone software does not favour Google Search.

The full CAT judgment can be viewed here. The UK court dismissed Google’s arguments in full, including its attempt to have the claim struck out. The CAT held that Ms Stopford had put forward a serious case and authorised her to act as the class representative and permitted the claim to proceed to trial.

Following the CAT’s certification, Ms Stopford will represent all UK-domiciled consumers aged 16 years or over who, during the period from 1 January 2011 until 7 September 2023 (inclusive), purchased goods and/or services from a business selling in the UK, which used search advertising services provided by Google. The action is being brought as an opt-out collective action, meaning that everyone in the UK affected is automatically included as a claimant in the case unless they opt out.

The case against Google

The collective action argues that Google used its dominant position in the UK search engine market to overcharge advertisers and that these costs were then passed directly on to the consumer.

Google forced mobile phone handset manufacturers to pre-install the Google Search and Google Chrome browser apps on devices that used Google’s Android operating system; and

Google paid billions to Apple to ensure that Google was the default search engine on all devices, such as the iPhone, that used Apple’s iOS operating system.

Other proceedings

The DoJ action follows a long legal fight brought by the DoJ and several Attorneys General in the US, culminating in a judgment in August 2024 by the District Court of Columbia, which found that Google’s conduct is anti-competitive and unlawful.

This judgment also supports Nikki Stopford’s claim that Google’s commercial agreement with Apple foreclosed the market for search on iOS devices, as do recent findings by the UK Competition and Markets Authority.

Meanwhile, the European Commission imposed the biggest fine in history on Google for the anti-competitive practices in Android.

It is alleged that the abuses by Google are possible because Google is set as the default search engine account for at least 94% of the mobile device sector, by usage. Google Ads generated over $224 billion in revenue in 2022, accounting for almost 80% of parent company Alphabet’s revenue ($283 billion in 2022).

Nikki Stopford, the class representative in the action, said:

“This green light from the tribunal is a significant victory for UK consumers. Almost everybody uses Google as their go-to search engine, trusting it to deliver quality results at no cost. But its service isn’t genuinely free because its dominance has resulted in increased costs for consumers. Google has been warned repeatedly by competition regulators. Yet it continues to rig the market to charge advertisers more, which raises the prices they charge consumers. This action seeks to promote healthier competition in digital markets, and to hold Google accountable and ensure that consumers are compensated for the harm caused by its conduct.”

Luke Streatfeild, Partner at legal firm Hausfeld & Co LLP, who is leading the litigation, said:

“This judgment is good news for UK consumers, as the case for compensation brought by our client on their behalf can now proceed to trial. The judgment is also helpful in clarifying the standard for assessing exclusionary conduct by dominant companies, in particular in digital markets with high barriers to entry, and it will be a useful reference point in future cases that aim to promote fairer competition and better outcomes for consumers in those marketplaces.”

Further information

The certified claim against Google is being brought at the CAT against Alphabet Inc., Google LLC, Google Ireland Limited and Google UK Limited under CAT Claim No. 1606/7/7/23.

Who is eligible to be part of the claim?

All that is necessary is that a consumer purchased goods or services from a business who advertised using search advertising services provided by Google. It is not necessary for them to have seen the goods or services advertised on Google or used Google to purchase the goods or services. This is because the claim says that these higher prices affected all a business’ products if it advertised on Google.

Those who are interested in finding out more about the claim and signing up for regular updates should visit www.searchclaim.co.uk.

About the class representative

Nikki Stopford is co-founder of Consumer Voice and brings 25 years of experience in advocating and raising industry standards for consumers. She is Chair of the British Standard Institute’s Consumer Forum and a member of its Standards Policy and Strategy Committee. She has held executive leadership roles running successful digital and content-led consumer-facing businesses that have engaged and advocated for millions of consumers. Most notably, she was Group Director of Research and Publishing at Which? – the UK's largest consumer organisation – for more than 10 years.

Additional notes

Affected claimants, on whose behalf the class action is brought, will not pay costs or fees to participate in this legal action, which is being funded by global commercial litigation funder Hereford Litigation. The action is insured, which means that class members have no adverse cost risk in relation to the claim.

Ms Stopford is represented by:

• Hausfeld & Co. LLP, Partners Luke Streatfeild and Simon Bishop, supported by Counsel Jonothan Broadbent and Stella Gartagani, Associates Natalie Jukes, Ginevra Bicciolo and Lisa Amrani and paralegals Martha Papapostolou and Alice Caroff
• Charles Rivers Associates, Oliver Latham, Vice President, supported by Director Sam Marden and Senior Associate Liam Connolly
• Rosamilia Consulting, Davide Rosamilia, co-founder and principal consultant
• Ben Lask KC of Monckton Chambers
• Daniel Jowell KC and Colin West KC, both of Brick Court Chambers
• Mehdi Baiou and (formerly) Andrew Lomas, both of One Essex Court.

Manolete (AIM:MANO), the leading UK-listed insolvency litigation financing company, today announces its unaudited results for the six months ended 30 September 2024. 

Steven Cooklin, Chief Executive Officer, commented: 

“These are a strong set of results, particularly in terms of organic cash generation. In this six-month period, gross cash collected rose 63% to a new record at £14.3m. That strong organic cash generation comfortably covered all cash operating costs, as well as all cash costs of financing the ongoing portfolio of 413 live cases, enabling Manolete to reduce net debt by £1.25m to £11.9m as at 30 September 2024. 

As a consequence of Manolete completing a record number of 137 case completions, realised revenues rose by 60% to a further record high of £15m. That is a strong indicator of further, and similarly high levels, of near-term future cash generation. A record pipeline of 437 new case investment opportunities were received in this latest six month trading period, underpinning the further strong growth prospects for the business. 

The record £14.3.m gross cash was collected from 253 separate completed cases, highlighting the highly granular and diversified profile of Manolete’s income stream. 

Manolete has generated a Compound Average Growth Rate of 39% in gross cash receipts over the last five H1 trading periods: from H1 FY20 up to and including the current H1 FY25. The resilience of the Manolete business model, even after the extraordinary pressures presented by the extended Covid period, is now clear to see. 

This generated net cash income of £7.6m in H1 FY25 (after payment of all legal costs and all payments made to the numerous insolvent estates on those completed cases), an increase of 66% over the comparative six-month period for the prior year. Net cash income not only exceeded by £4.5m all the cash overheads required to run the Company, it also exceeded all the costs of running Manolete’s ongoing 413 cases, including the 126 new case investments made in H1 FY25. 

The Company recorded its highest ever realised revenues for H1 FY25 of £15.0m, exceeding H1 FY24 by 60%. On average, Manolete receives all the cash owed to it by the defendants of completed cases within approximately 12 months of the cases being legally completed. This impressive 60% rise in realised revenues therefore provides good near-term visibility for a continuation of Manolete’s strong, and well-established, track record of organic, operational cash generation. 

New case investment opportunities arise daily from our wide-ranging, proprietary, UK referral network of insolvency practitioner firms and specialist insolvency and restructuring solicitor practices. We are delighted to report that the referrals for H1 FY25 reached a new H1 company record of 437. A 27% higher volume than in H1 FY24, which was itself a new record for the Company this time last year. That points to a very healthy pipeline as we move forward into the second half of the trading year.” 

Financial highlights: 

• Total revenues increased by 28% to £14.4m from H1 FY24 (£11.2m) as a result of the outstanding delivery of realised revenues generated in the six months to 30th September 2024.
  • Realised revenues achieved a record level of £15.0m in H1 FY25, a notable increase of 60% on H1 FY24 (£9.4m). This provides good visibility of near-term further strong cash generation, as on average Manolete collects all cash on settled cases within approximately 12 months of the legal settlement of those cases
  • Unrealised revenue in H1 FY25 was £(633k) compared to £1.8m for the comparative H1 FY24. This was due to: (1) the record number of 137 case completions in H1 FY25, which resulted in a beneficial movement from Unrealised revenues to Realised revenues; and (2) the current lower average fair value of new case investments made relative to the higher fair value of the completed cases. The latter point also explains the main reason for the marginally lower gross profit reported of £4.4m in this period, H1 FY25, compared to £5.0m in H1 FY24. 
• EBIT for H1 FY25 was £0.7m compared to H1 FY24 of £1.6m. As well as the reduced Gross profit contribution explained above, staff costs increased by £165k to £2.3m and based on the standard formula used by the Company to calculate Expected Credit Losses, (“ECL”), generated a charge of £140k (H1 3 FY24: £nil) due to trade debtors rising to £26.8m as at 30 September 2024, compared to £21.7m as at 30 September 2023. The trade debtor increase was driven by the outstanding record level of £15.0m Realised revenues achieved in H1 FY25.
• Loss Before Tax was (£0.2m) compared to a Profit Before Tax of £0.9m in H1 FY24, due to the above factors together with a lower corporation tax charge being largely offset by higher interest costs. 
• Basic earnings per share (0.5) pence (H1 FY24: 1.4 pence).
• Gross cash generated from completed cases increased 63% to £14.3m in the 6 months to 30 September 2024 (H1 FY24: £8.7m). 5-year H1 CAGR: 39%.
• Cash income from completed cases after payments of all legal costs and payments to Insolvent Estates rose by 66% to £7.6m (H1 FY24: £4.6m). 5-year H1 CAGR: 46%.
• Net cashflow after all operating costs but before new case investments rose by 193% to £4.5m (H1 FY24: £1.5m). 5-year H1 CAGR: 126%.
• Net assets as at 30 September 2024 were £40.5m (H1 FY24: £39.8m). Net debt was reduced to £11.9m and comprises borrowings of £12.5m, offset by cash balances of £0.6m. (Net debt as 31 March 2024 was £12.3m.)
• £5m of the £17.5m HSBC Revolving Credit Facility remains available for use, as at 30 September 2024. That figure does not take into account the Company’s available cash balances referred to above.

Operational highlights:

• Ongoing delivery of record realised returns: 137 case completions in H1 FY25 representing a 18% increase (116 case realisations in H1 FY24), generating gross settlement proceeds receivable of £13.9m for H1 FY25, which is 51% higher than the H1 FY24 figure of £9.2m. This very strong increase in case settlements provides visibility for further high levels of cash income, as it takes the Company, on average, around 12 months to collect in all cash from previously completed cases.
• The average realised revenue per completed case (“ARRCC”) for H1 FY25 was £109k, compared to the ARRCC of £81k for H1 FY24. That 35% increase in ARRCC is an important and an encouraging Key Performance Indicator for the Company. Before the onset and impact of the Covid pandemic in 2020, the Company was achieving an ARRCC of approximately £200k. Progress back to that ARRCC level, together with the Company maintaining its recent high case acquisition and case completion volumes, would lead to a material transformation of Company profitability.
• The 137 cases completed in H1 FY25 had an average case duration of 15.7 months. This was higher than the average case duration of 11.5 months for the 118 cases completed in H1 FY24, because in H1 FY25 Manolete was able to complete a relatively higher number of older cases, as evidenced by the Vintages Table below.
• Average case duration across Manolete’s full lifetime portfolio of 1,064 completed cases, as at 30 September 2024 was 13.3 months (H1 FY24: 12.7 months).
• Excluding the Barclays Bounce Back Loan (“BBL”) pilot cases, new case investments remained at historically elevated levels of 126 for H1 FY25 (H1 FY24: 146 new case investments).
• New case enquiries (again excluding just two Barclays BBL pilot cases from the H1 FY24 figure) achieved another new Company record of 437 in H1 FY25, 27% higher than the H1 FY24 figure of 343. This excellent KPI is a strong indicator of future business performance and activity levels.
• Stable portfolio of live cases: 413 in progress as at 30 September 2024 (417 as at 30 September 2023) which includes 35 live BBLs.
• Excluding the Truck Cartel cases, all vintages up to and including the 2019 vintage have now been fully, and legally completed. Only one case remains ongoing in the 2020 vintage. 72% of the Company’s live cases have been signed in the last 18 months.
• The Truck Cartel cases continue to progress well. As previously reported, settlement discussions, to varying degrees of progress, continue with a number of Defendant manufacturers. Further updates will be provided as concrete outcomes emerge.
• The Company awaits the appointment of the new Labour Government’s Covid Corruption Commissioner and hopes that appointment will set the clear direction of any further potential material involvement for Manolete in the Government’s BBL recovery programme.
• The Board proposes no interim dividend for H1 FY25 (H1 FY24: £nil).

The full report of Manolete’s half-year results can be read here.