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An LFJ Conversation with Louisa Klouda, CEO at Fenchurch Legal

An LFJ Conversation with Louisa Klouda, CEO at Fenchurch Legal

As the litigation funding industry continues to evolve, Louisa Klouda, CEO of Fenchurch Legal shares insights into the sector and Fenchurch Legal’s approach and practices. Below is our LFJ Conversation with Louisa Klouda:

What drew you to the world of litigation funding?

My entry into the world of litigation funding wasn’t a direct one, but rather a spark of curiosity during my previous role in corporate finance and the asset-backed lending world. I came across the concept of litigation funding and found myself instantly drawn to its unique characteristics. I discovered a market dominated by large funders focusing on large cases like class actions. However, I noticed a significant gap: a lack of support for smaller claims, particularly in areas like housing disrepair and the challenges the law firms faced in accessing funding for these meritorious claims. Recognizing the gap in the small-claims market, I saw an opportunity to create Fenchurch Legal in 2020. The aim of the business was twofold: to facilitate access to justice for smaller claims and to provide an avenue for investors looking for alternative investment opportunities.

Can you provide an overview of small ticket litigation funding and its significance in the UK legal landscape?

Small ticket litigation funding plays a vital role in the UK legal landscape, offering an alternative approach to financing legal claims. In essence, it involves providing funding to law firms for smaller value cases across various areas like personal injury, housing disrepair, and financial mis-selling, unlike large-ticket funding which targets high-stakes class actions. Small-ticket funders like Fenchurch Legal focus on quantity, funding a high volume of smaller cases. These case types have clear legal precedent, and are protocol-based and process-driven consumer claims, with high success potential. This subset of litigation funding addresses a gap in the legal financing ecosystem created by rising legal costs and resource-intensive cases. Small ticket litigation funding ensures that even modest claims, like housing disrepair receive the backing necessary to navigate the legal process, ultimately facilitating access to justice and contributing to a more balanced and inclusive legal landscape.

How does this subset of litigation funding attract investors?

The appeal of small-ticket litigation funding to investors is multifaceted, driven by three key factors –  flexible entry points, portfolio diversification, and unique security features. Firstly, it provides investors with lower entry points compared to larger funders. This is particularly attractive to those moving away from traditional markets and seeking a more balanced investment approach with steady returns. The accessibility of smaller minimum investment amounts aligns with the preferences of investors aiming for a diversified and resilient portfolio. Small-ticket funders focus on quantity, funding a high volume of smaller cases. This diversification approach effectively spreads the risk across various law firms, multiple cases and case types, reducing the reliance on the success of a single case. Investors are drawn to the stability and risk mitigation inherent in this investment strategy. Moreover, investors like the insurance-backed nature of this investment. All cases are supported by an After the Event (ATE) insurance policy, covering all costs and disbursements if the case is unsuccessful. Additionally, upfront interest is charged, debentures are in place and there is an assignment over the case proceeds.

How has Fenchurch emerged and established itself in this market, and what key strategies contributed to its growth?

Our key strategy is to have a niche focus on smaller claims within specific case types where we have a deep understanding and only partnering with fully vetted law firms. Recognizing growing interest in litigation funding as an alternative asset class, Fenchurch strategically lowered investment entry barriers making it a more accessible investment solution. This has enabled us to broaden our investor base, enabling us to raise more capital and support a wider range of law firms seeking funding.

How have you seen the landscape of small ticket litigation funding evolve, and what trends do you anticipate for the future?

There’s a noticeable shift towards recognising the significance of smaller-scale claims in the funding market. I anticipate the market to continue its expansion into new case types beyond traditional areas but with that will come changes in the regulatory landscape, potentially impacting market dynamics and requiring adaptation from funders. As a funder specialising in small ticket claims, especially those funded at volume, staying ahead of regulatory changes is important. We remain cautious about specific case types, recognising that shifts in litigation trends could render a case type unviable, as witnessed in the Road Traffic Cases (RTA) cases when fixed costs were brought in. Funders must develop a broad network of contacts to stay informed about evolving market conditions. Another trend I see growing is wider tech adoption within the industry. Technology is playing a pivotal role in streamlining processes, enhancing risk assessment and driving efficiency and scalability. Recognizing the limitations of off-the-shelf solutions, we developed our own loan management software, providing a bespoke platform for managing loan repayments, monitoring, and onboarding. Continued tech integration is needed to enable automation, boost efficiency, enhance risk assessment capabilities, and improve investor reporting. I also see increased awareness and interest from investors. I think small-ticket litigation funding will become increasingly more attractive as investors become more familiar with the potential benefits and opportunities, resulting in a rise in investment inflows. Lastly, the focus on Environmental, Social, and Governance (ESG) considerations is likely to gain prominence, influencing investment decisions and funder strategies. The growing recognition of the value and impact of small-ticket litigation funding aligns with ESG requirements.

What sets Fenchurch Legal apart from other funders? What are your unique value propositions?

Our core strength lies in our deep understanding of the small-ticket claims landscape. We have developed a rigorous and data-driven selection process tailored to this specific segment, allowing us to identify top-tier law firms and high-potential case types with lower individual risk profiles. Through discussions, we’ve learned that law firms often face challenges with other funders, including issues like complex drawdown procedures, undisclosed fees, and the non-funding of crucial costs like WIP capital or case acquisition expenses. Recognizing these pain points, we’ve developed an offering specifically designed to avoid these issues. As mentioned before having access to our own proprietary software has been a game-changer. It has significantly enhanced our whole business operations, driving efficiency and enabling us to scale. This technological edge not only sets us apart but also positions us as an innovative and forward-thinking player in the industry. Additionally, our team is a vital component of our unique value proposition. Made up of experienced professionals who understand the industry, our team ensures we look thoroughly at both legal merit and financial viability. This dual expertise ensures that every funding decision is based on a thorough understanding of the legal intricacies and financial soundness of each case.

Could you elaborate on your approach to case selection and investment criteria?

Our selection process is multi-layered, considering both legal merit and financial viability. In the initial stages, we conduct an in-depth evaluation of case strength, law firm expertise, financial strength and claim history, while also examining the specific legal and procedural landscape surrounding each claim. After completing the underwriting process, we grant each firm a facility limit. They can regularly draw down against this limit, as long as they adhere to the terms of the agreement, including providing a list of claims for auditing and granting us access to their systems. We also employ robust financial modelling and stress testing to evaluate potential returns and manage risk effectively. This approach ensures we invest in case types with strong success potential and manageable risk profiles. So far, we’ve funded various case types with strong merits, including Plevin, Motor Finance Mis-selling (PCP), Tenancy Deposit Schemes, and Housing Disrepair claims. Our compliance criteria for each case type involve thorough vetting, examining details such as case referrals, fee earners, and the experience of law firms. This process enables us to partner with trusted law firms, further mitigating risks associated with our investments. Importantly, Fenchurch Legal only provides funding for cases where After the Event (ATE) insurance has already been obtained. This insurance covers costs and disbursements in the event of an unsuccessful claim. By advancing the premium directly to the ATE Insurer, we ensure that each policy is live at the time of funding, adding an extra layer of security to our investment strategy. This unique security feature enhances the attractiveness of funding ATE claims, aligning with our commitment to minimising associated risks.

The recent PACCAR ruling in the UK has sparked discussions about the future of litigation funding. What are your thoughts on its implications and potential impact on the industry?

The recent PACCAR ruling didn’t impact Fenchurch as our small ticket business model is focused on charging a fixed return per case, regardless of the outcome and not a percentage of damages recovered. However, whilst the ruling presents certain challenges, I believe it ultimately presents an opportunity for the industry to strengthen its practices and regulations.

Could you share your vision for Fenchurch Legal’s future growth and expansion plans?

We plan to maintain our focus on small-ticket litigation funding, leveraging our experience, growing our loan book, and onboarding new borrowers. As the business grows, we plan to deploy more capital aiming to reach a loan book value of £75 million within the next two years. We will also recruit key roles to bolster our team.

Lastly, for investors considering small ticket litigation funding, what key factors should they take into account, and how can Fenchurch Legal add value to their investment strategies?

For investors contemplating small ticket litigation funding, several key factors should be carefully considered to make informed and strategic decisions. Firstly, understand the specific criteria and due diligence processes the litigation funder uses and pay attention to their track record in managing and funding small ticket claims.  Risk management is vital and investors should seek funders with robust strategies in place. This includes an assessment of how the funder mitigates risks associated with smaller claims and adapts to changing circumstances. In the case of Fenchurch Legal, our approach to small-ticket litigation funding is grounded in a commitment to comprehensive due diligence, case assessment, and risk management. We have created an offering suitable for investors seeking diversification, lower risk profiles, access to a broader market, and lower entry points.

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An LFJ Conversation with John Lopes, Head of Specialty Legal Banking, First Horizon

By John Freund |

John Lopes is a market-leading bank executive and recognized authority in financial solutions for the plaintiff-side legal industry. As Senior Managing Director and Head of Specialized Legal Banking at First Horizon Bank, he leads a national platform focused on delivering capital, deposit, and technology solutions to contingency-based law firms, mass tort practices, claims administrators, and Qualified Settlement Funds (QSFs).

John began his career over 20 years ago advising AM Law firms, building a strong foundation in traditional legal banking and developing deep expertise in the operational and financial dynamics of large defense-side practices. He later held leadership roles at institutions including Citibank, Wells Fargo, and Western Alliance Bank, where he managed significant portfolios, built high-performing teams, and executed strategic growth initiatives across the legal vertical.

Over a decade ago, John identified a critical gap in the market and shifted his focus to the plaintiff side of the bar—where firms face unique challenges related to contingent revenue, cash flow volatility, and complex settlement structures. Since then, he has become a trusted advisor to many of the nation's leading plaintiff law firms and ecosystem partners, structuring sophisticated credit facilities, supporting billions of dollars in settlement flows, and delivering innovative banking solutions across the full lifecycle of litigation.

John is known for his ability to bridge capital, technology, and legal strategy—partnering with law firms, claims administrators, and litigation finance providers to drive growth, enhance liquidity, and create operational efficiency at scale. Through his leadership, he continues to position First Horizon as a premier banking partner to the plaintiff bar, bringing institutional-grade capabilities to a rapidly evolving segment of the legal industry.

He holds a background in financial markets from Yale University and has continued to build on that foundation through executive education with the Yale School of Management.

Below is our LFJ Conversation with John Lopes:

What gaps in the settlement and mass tort landscape led you to build a dedicated Settlement Services platform?

Historically, most banks approached settlement accounts as transactional escrow relationships rather than as a specialized vertical requiring tailored infrastructure. As mass tort and class action settlements have grown in size and complexity, that model became insufficient.

We saw several structural gaps:

  • Lack of dedicated infrastructure for high-volume sub-accounting and audit transparency
  • Limited understanding of QSF governance, fiduciary responsibilities, and multi-party oversight
  • Manual disbursement processes that created inefficiencies and risk
  • Inflexible credit solutions for contingency firms managing large case inventories

We built our Specialty Legal Banking group to address those gaps holistically — combining dedicated settlement banking, digital sub-accounting, modern disbursement capabilities, and tailored financing solutions under one coordinated platform.

Rather than treating settlements as ancillary deposits, we treat them as a highly specialized ecosystem requiring neutrality, transparency, and purpose-built technology.

Courts increasingly demand transparency and auditability. How do you see expectations evolving around reporting and fiduciary accountability?

Expectations are rising meaningfully. Judges and special masters now expect:

  • Real-time visibility into balances
  • Clear segregation of funds at the claimant or fee level
  • Transparent interest allocation methodologies
  • Clean audit trails across every transaction

In complex QSFs, accountability is no longer theoretical — it must be demonstrable.

We've responded by building a platform that allows structured sub-accounting at scale, defined user permissions (analyst vs. approver roles), exportable audit logs, and reporting that aligns with court oversight requirements.

The future standard will be near real-time transparency, not quarterly reconciliation. Specialized banks must offer specialized infrastructure to the settlement process — not just holding funds.

What are the most significant fraud or AML risks facing settlement administrators today, and how can institutions mitigate them without slowing distributions?

The scale and speed of modern distributions introduce new risk vectors:

  • Synthetic identity and claimant impersonation
  • Payment redirection and ACH fraud
  • Social engineering attacks targeting administrators
  • Sanctions and cross-border payment compliance risk

The key is not adding friction — but adding intelligent controls. Financial institutions must offer:

  • Multi-layer payment verification protocols
  • OFAC and sanctions screening at both onboarding and disbursement
  • Segregated user permissions and dual-approval workflows
  • Positive pay and transaction monitoring services

Technology should accelerate payments while reducing exposure. The answer is not slowing distributions — it's modernizing controls around them.

Claimants now expect faster access to funds and more flexibility in how they receive payments. How is innovation reshaping the claimant experience?

The claimant experience is evolving dramatically.

Traditional paper checks are increasingly insufficient. Claimants now expect options — ACH, prepaid cards, digital wallets, and other electronic modalities — delivered quickly and securely.

Real-time rails and digital disbursement platforms are reshaping expectations around:

  • Speed
  • Choice
  • Transparency of payment status

At the same time, the institution must provide tools so that flexibility coexists with compliance and oversight.

The institutions that succeed will be those that can offer multiple payment modalities within a controlled, audit-ready environment. That's where innovation truly adds value — not just convenience, but structured efficiency.

As litigation finance and aggregate settlements continue to grow, what role should specialized settlement banks play in reinforcing neutrality and trust?

As capital flows increase in mass tort and aggregate litigation, neutrality becomes even more critical. A specialized settlement bank must function as a stabilizing counterparty amid multi-party financial arrangements. In large aggregate settlements — especially where litigation finance is involved — clarity around control, reporting, and fee segregation becomes paramount.

Our role is not to influence outcomes, but to provide a compliant, transparent, and scalable platform that reinforces trust across all stakeholders: plaintiffs' firms, defense counsel, administrators, courts, and capital providers.

Ultimately, trust in the settlement process depends on financial infrastructure that is purpose-built for complexity — and governed by strong compliance standards.

LFJ Conversation

An LFJ Conversation with John Lopes, Head of Specialty Legal Banking, First Horizon

John Lopes is a market-leading bank executive and recognized authority in financial solutions for the plaintiff-side legal industry. As Senior Managing Director and Head of Specialized Legal Banking at First Horizon Bank, he leads a national platform focused on delivering capital, deposit, and technology solutions to contingency-based law firms, mass tort practices, claims administrators, and Qualified Settlement Funds (QSFs).

John began his career over 20 years ago advising AM Law firms, building a strong foundation in traditional legal banking and developing deep expertise in the operational and financial dynamics of large defense-side practices. He later held leadership roles at institutions including Citibank, Wells Fargo, and Western Alliance Bank, where he managed significant portfolios, built high-performing teams, and executed strategic growth initiatives across the legal vertical.

Over a decade ago, John identified a critical gap in the market and shifted his focus to the plaintiff side of the bar—where firms face unique challenges related to contingent revenue, cash flow volatility, and complex settlement structures. Since then, he has become a trusted advisor to many of the nation's leading plaintiff law firms and ecosystem partners, structuring sophisticated credit facilities, supporting billions of dollars in settlement flows, and delivering innovative banking solutions across the full lifecycle of litigation.

John is known for his ability to bridge capital, technology, and legal strategy—partnering with law firms, claims administrators, and litigation finance providers to drive growth, enhance liquidity, and create operational efficiency at scale. Through his leadership, he continues to position First Horizon as a premier banking partner to the plaintiff bar, bringing institutional-grade capabilities to a rapidly evolving segment of the legal industry.

He holds a background in financial markets from Yale University and has continued to build on that foundation through executive education with the Yale School of Management.

Below is our LFJ Conversation with John Lopes:

What gaps in the settlement and mass tort landscape led you to build a dedicated Settlement Services platform?

Historically, most banks approached settlement accounts as transactional escrow relationships rather than as a specialized vertical requiring tailored infrastructure. As mass tort and class action settlements have grown in size and complexity, that model became insufficient.

We saw several structural gaps:

  • Lack of dedicated infrastructure for high-volume sub-accounting and audit transparency
  • Limited understanding of QSF governance, fiduciary responsibilities, and multi-party oversight
  • Manual disbursement processes that created inefficiencies and risk
  • Inflexible credit solutions for contingency firms managing large case inventories

We built our Specialty Legal Banking group to address those gaps holistically — combining dedicated settlement banking, digital sub-accounting, modern disbursement capabilities, and tailored financing solutions under one coordinated platform.

Rather than treating settlements as ancillary deposits, we treat them as a highly specialized ecosystem requiring neutrality, transparency, and purpose-built technology.

Courts increasingly demand transparency and auditability. How do you see expectations evolving around reporting and fiduciary accountability?

Expectations are rising meaningfully. Judges and special masters now expect:

  • Real-time visibility into balances
  • Clear segregation of funds at the claimant or fee level
  • Transparent interest allocation methodologies
  • Clean audit trails across every transaction

In complex QSFs, accountability is no longer theoretical — it must be demonstrable.

We've responded by building a platform that allows structured sub-accounting at scale, defined user permissions (analyst vs. approver roles), exportable audit logs, and reporting that aligns with court oversight requirements.

The future standard will be near real-time transparency, not quarterly reconciliation. Specialized banks must offer specialized infrastructure to the settlement process — not just holding funds.

What are the most significant fraud or AML risks facing settlement administrators today, and how can institutions mitigate them without slowing distributions?

The scale and speed of modern distributions introduce new risk vectors:

  • Synthetic identity and claimant impersonation
  • Payment redirection and ACH fraud
  • Social engineering attacks targeting administrators
  • Sanctions and cross-border payment compliance risk

The key is not adding friction — but adding intelligent controls. Financial institutions must offer:

  • Multi-layer payment verification protocols
  • OFAC and sanctions screening at both onboarding and disbursement
  • Segregated user permissions and dual-approval workflows
  • Positive pay and transaction monitoring services

Technology should accelerate payments while reducing exposure. The answer is not slowing distributions — it's modernizing controls around them.

Claimants now expect faster access to funds and more flexibility in how they receive payments. How is innovation reshaping the claimant experience?

The claimant experience is evolving dramatically.

Traditional paper checks are increasingly insufficient. Claimants now expect options — ACH, prepaid cards, digital wallets, and other electronic modalities — delivered quickly and securely.

Real-time rails and digital disbursement platforms are reshaping expectations around:

  • Speed
  • Choice
  • Transparency of payment status

At the same time, the institution must provide tools so that flexibility coexists with compliance and oversight.

The institutions that succeed will be those that can offer multiple payment modalities within a controlled, audit-ready environment. That's where innovation truly adds value — not just convenience, but structured efficiency.

As litigation finance and aggregate settlements continue to grow, what role should specialized settlement banks play in reinforcing neutrality and trust?

As capital flows increase in mass tort and aggregate litigation, neutrality becomes even more critical. A specialized settlement bank must function as a stabilizing counterparty amid multi-party financial arrangements. In large aggregate settlements — especially where litigation finance is involved — clarity around control, reporting, and fee segregation becomes paramount.

Our role is not to influence outcomes, but to provide a compliant, transparent, and scalable platform that reinforces trust across all stakeholders: plaintiffs' firms, defense counsel, administrators, courts, and capital providers.

Ultimately, trust in the settlement process depends on financial infrastructure that is purpose-built for complexity — and governed by strong compliance standards.

LFJ Conversation

An LFJ Conversation with Ian Coleman, Insurance & Funding Broker, Commercial and General

By John Freund |

Ian is a qualified solicitor (non-practicing) in England & Wales. Having been involved in the Legal Expenses Insurance industry since November 1992, he has dealt with Before the Event (BTE) and After the Event (ATE) Legal Expenses Insurance in its various forms.

His work has included underwriting for ATE cover, a number of the early competition claims seeking damages for abusive anti-competitive conduct being brought then both in the High Court and Competition Appeals Tribunal (CAT) in England.

He also underwrote for ATE cover a number of group actions many of which were run under Group Litigation Orders (GLO) and other case management devices, spanning a wide variety of case types. Ian has underwritten numerous commercial litigation cases, civil fraud claims and insolvency matters.

Since 2020 Ian has acted as a broker, intermediating various insurance products relating to litigation and arbitration risks as well as intermediating litigation funding requirements where required.

Below is our LFJ conversation with Ian Coleman:

What does the landscape for litigation funding look like now in the UK?

There are many strong opportunities available in the UK with excellent law firms. The use of litigation funding has become normalised in conjunction with ATE Insurance to cover the adverse costs exposure. Litigation funding is no longer seen as a tool just for the impecunious.

Opportunities range from commercial arbitration and investor state disputes to commercial litigation, civil fraud claims and of course the various forms of competition compensation claims conducted in the Competition Appeals Tribunal (CAT).

The availability of litigation funding frequently drives the law firm enquiry.

The Supreme Court decision in PACCAR remains current authority albeit that the Government has said that it will legislate to reverse the position and has received recommendation that be both retrospective and prospective. The caveat being when parliamentary time allows. However, a multiple on capital deployed (or in some cases committed) is permitted offering healthy returns for investors.

It has been suggested that ‘light touch regulation’ will be included in any such legislation or in follow-on legislation. The Lord Chancellor requested advice from the Civil Justice Council (CJC) with regards to the question of regulation. The CJC published its Final Report in June 2025. The CJC has recommended that regulation should not apply to arbitration proceedings as it should remain a matter for arbitral centres to determine whether and, if so, how any such regulation should be implemented. In Court and CAT proceedings regulation of litigation funders should be weighted according to whether the funding is provided to consumers or commercial parties.

The CJC suggests a minimum, baseline, set of regulatory requirements should therefore apply to litigation funding generally. These should include provision for: case-specific capital adequacy requirements; codification of the requirement that litigation funders should not control funded litigation; conflict of interest provisions; the application of anti-money laundering requirements; and disclosure at the earliest opportunity of the fact of funding, the name of the funder, and the ultimate source of the funding. The terms of LFAs should not, generally, be subject to disclosure.

It should be noted that the CJC specifically rejected the introduction of caps on litigation funders’ returns.

Law firm portfolio funding or case by case funding are options to consider albeit a balance of the law firm’s and their clients’ needs will be key in deciding which approach is requested. The CJC has recommended specific regulatory provisions for portfolio funding.

What is known as ‘The Arkin Cap’ continues to provide that the Court can make an appropriate decision concerning litigation funder liability for adverse costs on a case-by-case basis. For this reason, litigation funders will inevitably require that suitable ATE is in place.

It should be noted that no regulation has yet been introduced and it is debatable when there will be parliamentary time to attempt to do so. In any event regulation logically would be prospective only.

Can you speak to the issue of domiciling of funding SPVs to maximise insurance availability? 

Where litigation funding is sought it is extremely common in the UK for ATE Insurance to be required as part of the package and often Capital Protection Insurance is purchased by the litigation funder. Most of the insurance capacity for these products emanates from markets based in London.

Insurance may only be sold into a territory for which the insurer has a licence. The licencing requirements are dictated by the domicile of the Proposer (the party seeking insurance).

The Insurers invariably have a licence for the UK and Europe but not necessarily for other territories. In order to maximise the choice of insurance offerings the Proposer is ideally domiciled somewhere in the UK or Europe.

Where the Litigation Funder seeks Capital Protection Insurance (CPI) domiciling the SPV in say Guernsey may have a double benefit both in terms of insurance availability (to achieve the best terms) but also to maximise tax efficiencies. Most jurisdictions levy some form of insurance tax, but those that do not may be seen as attractive to the party paying the insurance premium. Any Litigation Funder seeking to set up an SPV in a tax and licencing friendly location should of course make their own enquiries in order to satisfy themselves that both requirements are met in that particular territory.

Where the Claimant is domiciled in a location that raises licencing challenges this may be overcome by the Litigation Funder providing an Adverse Costs Indemnity via its funding SPV and obtaining the ATE Insurance to cover off that risk.

This will however generally mean that security for costs must be provided but the ATE Policy can be fortified with what has become known as an Anti-Avoidance Endorsement (AAE). AAEs have been accepted in the UK Courts and in many arbitral forums.

Notwithstanding the place of domicile of the Proposer, the insurance policies will generally be written on the basis that the policy is governed by English Law and accordingly the duty of disclosure for the Proposer will be set out in the Insurance Act 2015 for non-consumers and Consumer Insurance (Disclosure and Representations) Act 2012 for consumers.

How do clients use insurance to mitigate risk and control funding spend? 

CPI can be obtained to protect some or all the capital deployed. This can be purchased either on a portfolio basis or case by case. Both methods have their advantages and disadvantages and that discussion deserves its own separate analysis. Both do mitigate the risk of losing capital. The scope of claim circumstances is a matter of negotiation with Insurers.

Generally, the conducting law firm will require some funding of their fees. Their fees can be further insulated from risk by Work in Progress Insurance (WiP) which protects an element of base fees should the claim be unsuccessful. In some circumstances WiP may be used to curtail the funding requirement.

For bilateral investment treaty arbitrations Arbitral Award Default Insurance (AADI) may also be available.

ATE is used commonly where costs follow the event to protect the risk of the claimant and litigation funder becoming liable for adverse costs.

Is the Competition Appeals Tribunal still a good funding opportunity?

There has been much discussion about the CAT since the changes in 2015. Case longevity, case outcomes and distribution have been frequent topics of conversation. The question to be posed is whether ‘herd-thought’ means that good opportunities are being over-looked. That has most certainly been the experience of the writer.

The sector in the UK has a number of strong law firms, and the CAT requirements are being clarified with decisions that are now flowing through the forum.

Decisions from senior Courts have further assisted in setting out road maps for bringing and conducting such cases particularly with regards to Opt-Out and abuse of dominant position claims.

It should not be a surprise that as the new regime bedded in the earlier cases would take longer to conclude and the pathway would need to be set.

In Opt-Out cases the CAT does consider the funding and ATE packages at Certification stage together with the Class Representative’s understanding of how they work. Whilst certification can be refused on the basis of the above it does not equate in the event of certification to a blessing of the arrangements which can be revisited later.

Sensible pricing models from the outset are important. Certification will now have some regard to the merits of the claim, scope of the defined class and distribution. These can all be well managed to substantially mitigate the risk of the CAT subsequently intervening in stakeholder entitlements.

For cases that are not Opt-Out the above considerations do not apply.

What can you tell us about the importance of being clear on the source of funds? 

The hygiene factor around funds being used to support litigation and arbitration matters is increasingly significant. Litigation Funders should be aware of this and consider the level of checks that are required in other financial sectors. Matters such as KYC, AML, UBOs and sanctions / PEP enquiries are often mandatory. This approach would be reflective of the CJC recommendations.

The confirmation that such checks have been conducted and were satisfactory could well prove to be decisive where there are competing offers of litigation funding on the table.