Trending Now
  • La financiación de las acciones colectivas en el punto de mira
  • Funding of collective actions under the spotlight

John Freund's Posts

3493 Articles

Inside India’s Insolvency Regime

By John Freund |

A new joint study by the Insolvency Law Academy and Burford Capital sheds light on how legal finance is gaining traction as a strategic tool in the India's insolvency processes. By enabling distressed entities and professionals to monetize contingent assets without exhausting limited estate resources, legal finance has the power to enhance liquidity and improve recovery outcomes for creditors.

An article by Burford Capital unveils how legal finance-backed structures can convert contingent claims into tangible value, supporting corporate continuity and delivering stronger creditor returns. The study highlights India’s unique factors: abundant untapped recoveries from avoidance claims and disputed receivables, widespread capital shortages faced by insolvency professionals, and the need for prompt liquidity solutions. It also references real-world case studies showcasing how legal finance facilitated strategic wins for firms like Hindustan Construction Company and Patel Engineering.

On the regulatory front, judicial rulings—such as in Tomorrow Sales v. SBS Holdings (2023)—have explicitly recognized the legitimacy of legal finance in India’s litigation ecosystem. Meanwhile, updates to the IBC now permit the assignment of “not readily reali[z]able assets” during liquidation, laying groundwork for integrating legal finance into the insolvency framework. Nonetheless, the regulatory landscape—including aspects of FEMA compliance and fund repatriation—remains cautiously permissive.

Emerging operational structures include direct estate financing, SPV‑based claim ring‑fencing, and creditor assignments for immediate value. The report urges a “light‑touch” regulatory approach, alongside the development of codes of conduct and educational efforts to arm insolvency professionals and creditors with the know‑how to deploy legal finance effectively.

Looking ahead, as India’s insolvency infrastructure matures, legal finance is poised to play a central role—unlocking value in distressed assets, bridging funding gaps, and aligning with global best practices.

Burford’s Law-Firm Investment Plan Draws Fire

By John Freund |

Burford Capital’s new push to take minority stakes in U.S. law firms is already meeting resistance from tort-reform advocates and insurer-aligned groups, who argue the structure could blur loyalties inside the attorney-client relationship. The plan, described by Burford’s chief development officer Travis Lenkner as “strategic minority investments” to help firms scale, would rely on managed service organizations (MSOs) that house back-office assets while leaving legal work to a lawyer-owned entity. Supporters cast it as a lawyer-friendly alternative to private equity; skeptics see a back-door end-run around state bars’ bans on non-lawyer ownership.

An article in Insurance Journal reports that critics, including the Florida Justice Reform Institute’s William Large, warn MSO-style deals could tilt decision-making toward investors focused on “big verdicts,” threatening firm independence and client interests. Only Arizona permits direct non-lawyer ownership today, and while Utah and Washington, D.C., have loosened rules at the margins, most states still enforce bright-line prohibitions.

The debate has sharpened as disclosure and licensing regimes proliferate: at least 16 states now require some level of third-party funding transparency. The Insurance Journal piece also notes a recent Texas Bar ethics opinion that green-lights MSOs for law-firm services under narrow conditions, though it doesn’t answer the broader question of outside investors’ influence. For its part, Burford says it understands the ethical guardrails and intends to be a passive investor focused on firm growth and operational support.

For the legal finance industry, the MSO path signals a pivotal test. If bars and courts accept these structures, capital could flow directly into firm operations—potentially accelerating portfolio origination, technology spend, and fee-earner leverage. If regulators balk, expect renewed calls for explicit rulemaking on ownership, disclosure, and control—alongside creative alternatives (credit facilities, revenue shares, and hybrid portfolios) to replicate MSO-like benefits without the governance controversy.

BHP Presses Gramercy–Pogust on Control of £36bn Claim

By John Freund |

A high-stakes governance fight is spilling into the UK’s largest group action. BHP has demanded clarity over hedge fund Gramercy Funds Management’s role at Pogust Goodhead, the claimant firm fronting a £36 billion suit tied to Brazil’s 2015 Mariana dam disaster. The miner’s counsel at Slaughter and May points to recent leadership turmoil at the firm and questions whether a non-lawyer financier can exert de facto control over litigation strategy—an issue that cuts to the heart of legal ethics and England & Wales’ restrictions on who can direct claims.

Financial Times reports that Gramercy, which finances Pogust, has just extended $65 million more to the firm after the removal of CEO-cofounder Tom Goodhead. BHP wants answers on independence and management oversight as the case nears a pivotal High Court ruling. For its part, Pogust says it remains independent and committed to its clients, while Gramercy rejects any suggestion it owns or manages the firm. The backdrop is familiar to funders: courts’ increasing scrutiny of who calls the shots when capital underwrites complex, bet-the-company litigation. Prior settlement overtures from BHP and Vale—reported at $1.4 billion—were rebuffed as insufficient relative to the claim’s scale and alleged harm.

Beyond this case, the episode underscores a larger question: how far can financing arrangements go before they collide with the long-standing principle that lawyers—and only lawyers—control litigation? The answer matters well beyond Mariana. If courts or legislators tighten the definition of control, expect deal terms, governance covenants, and disclosure norms in UK funding to evolve quickly. For cross-border mass-harm claims, the line between support and steer is narrowing—and being tested in real time.

ALF-Member Backs Amazon UK Pricing Class Action

By John Freund |

A new opt-out competition claim aims squarely at Amazon, alleging price-parity tactics inflated costs for more than 45 million UK consumers. The Association of Consumer Support Organisations has filed for certification in the Competition Appeal Tribunal, instructing Stephenson Harwood with counsel from Monckton Chambers. The claim asserts Amazon’s marketplace policies restricted third-party sellers from offering better prices elsewhere—costs that, ACSO says, consumers ultimately bore.

The Global Legal Post notes a third-party litigation funder—confirmed as a member of the Association of Litigation Funders—is bankrolling the action, with identity to be revealed at certification. That disclosure posture aligns with the CAT’s funder-transparency expectations post-PACCAR while preserving competitive sensitivity during the early phase. On the defense side, Amazon labeled the case “without merit,” and emphasized consumer benefits and seller support on its platform. For claimant-side practitioners, the case illustrates how funders continue to underwrite large opt-out competition claims notwithstanding shifting case law on damages-based LFAs; structures are adjusting, not retreating.

If certified, the case will test funder appetite for big-ticket consumer competition matters amid the UK government’s newly announced review of the collective actions regime. It could also influence how funders structure returns (percentage vs. multiple, hybrids) to thread the needle between tribunal oversight and commercial viability. Watch for whether the CAT’s scrutiny of fees and “just and reasonable” outcomes further standardizes funding terms across UK opt-out claims.

Funding of collective actions under the spotlight

By Tom Webster |

The following was contributed by Tom Webster, Chief Commercial Officer for Sentry Funding.

The UK government is seeking views on the operation of litigation funding in the collective actions sphere, as part of its wider review of the opt-out collective actions regime in competition law.

An open call for evidence by the Department for Business & Trade (DBT) earlier this month featured a number of questions relating to litigation funding. These included whether the approach to funders’ share of settlement sums or damages is fair and proportionate; how the secondary market in litigation funding has developed and whether this has affected transparency and client confidentiality; whether funding provision for the full potential cost of claims is considered enough at the outset; and how conflict between litigation funders and class representatives should be approached.

As well as funding issues within the regime, the review will also look at scope and certification of cases; alternative dispute resolution, settlement and damages; and distribution of funds.

The DBT said it was time to review the operation and impact of the opt-out collective actions regime in competition law, as it is now ten years since its introduction through the Consumer Rights Act 2015. 

It said: ‘This government is focused on economic growth, and a regime that is proportionate and focused on returns to consumers where they are due is good for growth and investment.

‘However, we are aware of the potential burden on business that increased exposure to litigation can present. Finding the right balance between achieving redress for consumers and limiting the burden on business is essential to ensure that businesses can operate with certainty, whilst providing a clear, cost-effective, route for consumers.’

Providing background to its review, the DBT noted that when it was introduced in 2015, the regime was intended to make it easier for consumers, including businesses, to seek redress where they have suffered loss due to breach of competition law. It said that since then, the regime has developed and expanded significantly: ‘tens of billions’ of pounds in damages have been claimed, and ‘hundreds of millions’ of pounds spent on legal fees. The DBT said this was far higher than anticipated in the original impact assessment, which estimated the total cost to business to be just £30.8 million per annum.

The DBT also noted that the type of case being brought before the CAT has also developed in ‘unexpected’ ways. When the regime was introduced, it was expected that most cases would be follow-on claims, brought after the Competition and Markets Authority (CMA) or European Commission have already investigated anti-competitive behaviour and made an adverse finding. However, approximately 90% of the current caseload is now made up of standalone cases, the DBT said.

The government also pointed out that only one case (Justin Le Patourel v BT Group Plc [2024] CAT 76) has reached judgment in the CAT, with other certified cases generally concluding in settlement outside of court. This means that there has been limited precedent set on key issues such as damages and distribution, it asserted.

Proponents of the collective actions regime have pointed out that it is still relatively new, and has been subject to much challenge by defendants. But while it will inevitably take time to bed in, they argue that the regime is already effective in improving corporate behaviour and levelling the playing field for consumers.

The government said its review will also take into account existing work relevant to the regime, such as the Civil Justice Council (CJC)’s recent report on litigation funding.  

Its call for evidence will close on 14 October. 

Car Finance Mis-Selling: What the UK Supreme Court Verdict Really Means

By Kevin Prior |

The following article was contributed by Kevin Prior, Chief Commercial Officer of Seven Stars Legal Funding.

On Friday 1st August 2025, the Supreme Court delivered its ruling on car finance commission complaints. While banks avoided the massive £44 billion liability some predicted, one customer called Johnson won his case - and that victory has opened the door for thousands of similar claims totalling somewhere between £9bn and £18bn – still a huge market.

The Bottom Line: Johnson proved his finance deal was "unfair" because:

  • The dealer received a massive undisclosed commission (55% of all the interest he paid)
  • He was misled about getting independent advice when the dealer was actually tied to one lender
  • Important information was hidden in small print

What This Means

The Supreme Court has given us a clear roadmap. Claims will succeed where customers can show:

  • Excessive hidden commissions (Johnson's was 55% of his interest payments)
  • Poor disclosure - burying commission details in terms & conditions isn't enough
  • Misleading sales practices - claiming to offer "best deals" while being tied to one lender
  • Pre-2021 agreements often have the strongest cases

Why This Is Good News

  • No government bailout risk - the ruling removes fears of political intervention to protect banks
  • Clear success criteria - we now know exactly what makes a winning case
  • Settlement pressure - lenders know more claims are coming and want to avoid court
  • Immediate opportunity - claims can start now without waiting for regulators

Our Position

Our cautious approach to date has been vindicated. While others rushed in with untested legal theories, we waited for clarity. Now we have it.

The car finance opportunity is very much alive - it just requires smarter case selection. We're actively evaluating opportunities and expect to be funding cases that meet the Johnson criteria in the coming weeks.

The FCA will announce their compensation scheme plans in October, but the legal pathway is already clear. Well-selected cases with Johnson-style facts have strong prospects of success.

GLS Capital Deal Voided by Judge Over ‘Abuse of Discretion’

By John Freund |

A Texas bankruptcy judge has voided a $2.3 million litigation funding agreement between GLS Capital and a Chapter 11 liquidation trust, in a decision that may reverberate across the bankruptcy and legal funding sectors.

An article in Bloomberg Law reports that Chief Bankruptcy Judge Stacey G. Jernigan ruled the funding deal—entered into by trustee David Gonzales—was an "abuse of discretion," finding it failed to benefit creditors and lacked proper court oversight. The deal gave GLS the right to nearly $7 million in repayment (a 3x return), plus 12% of any proceeds beyond that, and included a $75,000 broker fee. Judge Jernigan noted that the financing appeared structured in a way that made it difficult for creditors to receive any meaningful recovery, commenting that “it’s hard to see how the juice will ever be worth the squeeze.”

The judge was particularly troubled by the trustee’s failure to seek prior court approval and disclose the agreement, which she found to be a serious breach of duty. As a result, she not only voided the agreement but also removed Gonzales from his trustee position. GLS Capital and the trustee have both signaled plans to appeal.

Ken Epstein, a litigation finance broker and former investment manager at Omni Bridgeway, suggested this ruling is more of an outlier than a trendsetter. While he acknowledged that courts may struggle with understanding litigation finance, he emphasized that most funders approach these agreements with appropriate safeguards.

Burford is Exploring Minority Stakes in U.S. Law Firms

By John Freund |

Burford Capital—a leading litigation funder with a market cap around $3 billion—is currently in talks with several U.S. law firms to acquire minority stakes. The firm sees opportunity amid shifting ownership regulations in the legal market.

An article in Pymnts notes that because most U.S. states prohibit non-lawyers from owning law firms due to ethical rules, Burford is proposing a structure known as a Managed Service Organization (MSO). Under this model, a law firm splits into two entities: one lawyer-owned entity handles legal work, while the MSO—potentially investor-owned—manages back-office services. This structure allows capital injection without breaching ownership restrictions.

Burford co‑founder Jonathan Molot declined to name the firms in talks and revealed no specific investment commitments yet—expectations depend on opportunities.

This move isn't framed as a private equity takeover. Instead, Burford presents itself as a "lawyer's orientation and mentality," intending to offer capital, governance, and strategic guidance—such as investing in AI and operational infrastructure—via board participation.

Just How Big is Commercial Litigation Funding?

One of LFJ's most popular posts is this 2020 piece from Ed Truant, Founder of Slingshot Capital, on the sizing of the commercial litigation funding industry. William Weisman from Parabellum Capital has just published an updated version for 2025.

Writing in NatLaw Review, Weisman notes that the commercial litigation funding industry is often misrepresented as a burgeoning asset class—typically pegged at a headline figure of $16 billion. But that AUM total is misleading. According to Westfleet Advisors, which publishes the most comprehensive annual analysis, the true picture is far smaller. In 2024, U.S. commercial litigation funders had $16.1 billion in assets under management—yet actual new annual commitments totaled only $2.3 billion, down roughly 16% from 2023 and 20% from 2022.

What's more, in terms of AUM, mainstream asset classes dwarf litigation funding. Public equities command about $60 trillion, commercial real estate about $27 trillion, and private credit around $1.6 trillion. In contrast, commercial litigation funding sits at just $16 billion—making it more than 100× smaller than private credit, 200× smaller than private equity, and 1,500× smaller than commercial real estate.

While undeniably valuable for small to mid-sized businesses pursuing meritorious claims they couldn’t otherwise afford, the industry’s overall reach is extremely limited. It raises important questions about the appropriateness of broad regulation targeting an industry that remains a rounding error in global finance.

This analysis highlights a central tension: while litigation funding plays a critical role in access to justice, its modest scale suggests policymakers should avoid heavy-handed regulation. Instead, targeted, tailored rules—focused on transparency and case-level risks—may be more appropriate and proportionate for such a specialized and niche market.

Manolete Welcomes New Era Under Mena Halton

By John Freund |

Steven Cooklin, founder and CEO of Manolete Partners, has stepped down after a remarkable 40‑year tenure in the litigation funding sector, marking the end of a defining leadership era for the firm. In his 16 years guiding Manolete, Cooklin steered the company through its foundation in 2009, its 2018 IPO, and multiple waves of market turbulence, not least the Covid‑related slump in insolvency proceedings that severely impacted litigation funding operations.

The Global Legal Post reports that Cooklin’s departure aligns with Manolete’s renewed financial vigor, with the company having refinanced its debt with HSBC, delivered record revenue of £30.5 million for the year ended 31 March, and invested in 282 new UK insolvency cases. A landmark moment was the firm’s first cartel claim settlement in the Trucks Cartel litigation, netting £3.2 million.

Stepping into Cooklin’s role is long‑time managing director Mena Halton, who joined Manolete in 2014 and has been at the forefront of its legal strategy. With roots at Dentons and Rothman Pantall, Halton is celebrated for her expertise in contentious insolvency matters.

Manolete’s strategic repositioning comes at a pivotal time—Halton takes over a firm that has restored momentum and financial stability. Her leadership credentials suggest a seamless transition and promising path forward.

Cooklin reportedly remains a major shareholder and will be available to advise the board.

Singapore Court Expands Scope for Legal Finance in Civil Cases

By John Freund |

In a pivotal decision likely to reshape Singapore’s litigation finance landscape, the country’s High Court has affirmed that third-party funding is permissible beyond its historically narrow confines. The judgment, delivered in DNQ v DNR (2025), broadens legal finance's potential use in civil cases unrelated to insolvency or arbitration, marking a significant milestone in the jurisdiction’s approach to access-to-justice tools.

An article on Burford Capital's blog notes that the case involved a claimant pursuing enforcement in Singapore of a £31 million UK family court award. Facing financial hardship, the claimant secured funding from a professional litigation financier. The defendant moved to strike out the case, arguing the arrangement violated public policy by being champertous. But the court disagreed.

Presiding Senior Judge Tan Siong Thye upheld the funding agreement, finding it did not offend the principles of justice or procedural fairness under the Vanguard test. Crucially, the judge ruled that statutory reforms to Singapore’s Civil Law Act did not negate common law exceptions that allow for such funding arrangements.

The court outlined three factors favoring the agreement: the claimant’s lack of resources absent funding, the reasonableness of the funder’s return (potentially up to 56%), and the claimant’s continued control over litigation strategy. The judgment also clarifies that litigation funding is not confined to the specific scenarios listed under section 5B of the Civil Law Act, such as insolvency or arbitration, thus opening the door to broader use in commercial disputes.

This decision signals increasing judicial acceptance of litigation finance in Singapore’s courts and is likely to embolden funders exploring opportunities in the region. As jurisdictions around the world re-evaluate the role of third-party funding, Singapore’s High Court appears poised to join a growing chorus endorsing its value in supporting equitable legal outcomes.

EY Models Peg Litigation Funding’s Cost to Insurers at $25B–$50B

By John Freund |

An article in Carrier Management reveals that third-party litigation funding (TPLF) could impose up to $50 billion in direct and indirect costs on the U.S. casualty insurance industry over the next five years. The estimates come from a model developed by EY actuaries Mike McComis and Abbi Bruce, who presented the findings at the Casualty Actuarial Society’s recent reinsurance seminar. Their “top-down” model—built using funders’ reported returns, AUM growth, and case resolution timelines—pegs direct costs between $13 billion and $18 billion, with an upper-end projection of $25 billion. Including indirect impacts like prolonged litigation and increased advertising by law firms, the estimate swells to $50 billion.

The report startled even seasoned executives. Hartford CEO Christopher Swift, during a Q2 earnings call, bristled at a question about TPLF’s effects, lamenting how it has “turned our judicial system into a gambling system.” EY’s McComis was more measured but no less pointed, declaring TPLF “the most significant and measurable driver of social inflation.” He cited modeled trends showing TPLF’s rising burden on insurers—up to $3.5 billion in direct costs annually by 2028—and warned that actuaries should not ease off assumptions around escalating claim severity.

With litigation funders averaging annual returns of 25-30% and succeeding in 85-90% of cases, the capital influx is shifting settlement dynamics, increasing legal costs, and pressuring insurer loss ratios. EY’s analysis found the commercial liability industry could see a 4.5 to 7.8 point spike in loss ratios due to TPLF alone.

As disclosure mandates expand, insurers may need to develop internal models to track and respond to TPLF-backed cases more effectively. For legal funders, the report underscores the mounting attention—and scrutiny—coming from the actuarial and insurance sectors. If EY’s projections bear out, litigation funding’s influence on premium pricing and loss trends may soon be impossible to ignore.

Funders Target Gulf Disputes as Claims Surge

By John Freund |

A combination of court reforms and project delays is pulling more Gulf disputes into the third-party funding orbit, with global and regional players sharpening their focus on the UAE and Saudi Arabia.

An article in AGBI quotes Burford Capital’s Dubai-based team describing demand as having “risen sharply over the past two years,” and says the funder is now actively underwriting and funding more claims, especially in the UAE. Construction leads the pipeline—unsurprising given persistent schedule overruns and cost blowouts—while banks and other institutional claimants are increasingly tapping funding to preserve working capital or monetise awards.

Local entrant WinJustice reports a 60% jump in case assessments over the last year, with a sweet spot that starts around $1 million in onshore courts and $5 million in offshore forums; returns are typically a 30%–35% share of recoveries or a hybrid model. And LFJ just reported on UAE-based Lexolent's first successful investment conclusion.

The AGBI piece also flags a gradual easing of the region’s historic enforcement frictions, with Dubai courts recognising multiple foreign judgments in the past two years—an important de-risking signal for capital providers eyeing cross-border value recovery. The growing Gulf focus is consistent with funders’ search for scalable commercial matters backed by robust assets and clearer enforcement pathways.

For underwriting teams, the “construction-plus” mix—JV disputes, shareholder fall-outs, and complex debt recoveries—offers diversified routes to exit, particularly where arbitral awards can be recognised and enforced across jurisdictions. Pricing discipline will matter: as local awareness rises and new funders enter, competitive pressure could compress nominal returns even as deployment opportunities expand. For in-house teams in the region, dispute finance is evolving from last-resort cost cover to a balance-sheet tool—one that can hedge risk, front settlement leverage, and unlock liquidity tied up in slow-moving claims.

If enforcement keeps improving and banks continue to monetise judgments, expect more Gulf allocations, more bespoke structures (including potential Sharia-aligned variants), and a faster maturation of the MENA legal-finance market.

Burford, Bench Walk Cited as UK Class Actions Hit €155bn

By John Freund |

The UK’s class action market continues to expand—even as filing volumes ebb—according to fresh figures that underscore the centrality of third-party funding to collective redress. A new CMS report pegs the value of pending UK class actions at nearly €155bn for 2024, with competition and consumer matters still driving the docket and Big Tech among the most frequent targets.

An article in The Global Legal Post notes that the UK is now the world’s second-largest litigation funding market and highlights several leading funders—Burford Capital, Bench Walk Advisers, Innsworth Capital and Fortress Investment Group—by activity and claim size. While the number of new European class actions declined year-over-year, the quantum concentrated in the UK continued to climb, split roughly evenly between opt-in and opt-out regimes. Sector concentration remains pronounced: energy and natural resources lead by value, followed closely by technology (including matters touching Apple and Google), with financial products and auto also well-represented.

The report’s authors attribute the UK’s outsized totals to a combination of procedural tools, claimant-side innovation and the expanding funding sector, even as defense-side voices question the methodology behind headline-grabbing member counts and valuations. For practitioners, the picture is a market maturing in structure and scale: funders allocating larger tickets to fewer, higher-confidence claims; law firms refining certification strategies; and defendants recalibrating settlement models to the realities of funded, high-quantum collective actions.

For funders, today’s snapshot reinforces two parallel truths: first, that capital demand remains robust despite reduced filings; second, that scrutiny is intensifying—from courts calibrating settlement fairness to policymakers reviewing collective redress frameworks. Expect portfolio construction to tilt further toward competition and consumer claims with clear distribution mechanics and scalable damages modeling, while defense-side pushback may spur greater transparency around economics and class outcomes.

Woodsford Objects as FCJ Intervenes in Stagecoach Settlement

By John Freund |

The UK Competition Appeal Tribunal (CAT) has allowed Fair Civil Justice (FCJ) to intervene in the “Boundary Fares” collective action against Stagecoach South Western Trains—a case backed by Woodsford—squarely over who should receive any undistributed settlement funds. The class representative, Justin Gutmann, and funder Woodsford opposed the move, arguing FCJ’s stance risks cutting across the court-approved settlement framework and the interests of the class.

An article in CDR reports that FCJ now has permission to submit recommendations on distribution of unclaimed sums, a question that has taken on outsized importance amid slower-than-expected claims uptake. FCJ’s position emphasizes directing residual money away from claimant-side costs and toward consumer-benefiting destinations, including the Access to Justice Foundation or similar channels. The CAT’s permission gives the tribunal a counterpoint to submissions from the class representative, funder, ATE insurers and others, as it calibrates how to treat non-ringfenced amounts after the claims window closes.

Woodsford’s objection underscores the commercial stakes: the tribunal’s approach to residuals could inform how future CAT settlements structure non-ringfenced buckets, adverse costs protection, and any funder fees—particularly in cases where outreach yields limited direct compensation to class members.

Lexolent Litigation Fund 1 SP Achieves First Successful Investment Conclusion, Delivering Access to Justice in Landmark DIFC Case

Lexolent Litigation Fund 1 SP, the inaugural fund from litigation funding disruptor Lexolent, and the first litigation fund to be based in the UAE, has achieved its first successful investment in a case litigated before the Dubai International Financial Centre (DIFC) Courts. The matter—Claim No. CFI 081/2023, concerned an unpaid commission claim by Dubai based businessman, Michael Forbes.

Absent Lexolent’s funding, Mr Forbes would have been unable to pursue the case and secure the payment to which he was rightfully entitled. The investment, which was concluded over just 21 months, will generate a very high internal rate of return (IRR) for Lexolent’s Limited Partner (LP) investors, showcasing the fund’s ability to deliver both strong financial performance and tangible social impact.

The result was a resounding success for both parties. Lexolent secured a strong return on its investment, while Mr Forbes obtained a substantial and life-changing judgment in his favour.

“Without Lexolent’s help, I would not have been able to right the wrong that was done to me,” said Mr Forbes. “Lexolent gave me access to justice, and I am delighted to have been introduced to them. I have learned through this experience that not all litigation funders are the same. Nick Rowles-Davies is very much one of the original founders of this industry and is exceptionally easy to work with. His expertise and experience made this transaction straightforward and highly professional.”

Lexolent CEO, Dr Nick Rowles-Davies, commented: “This is a perfect example of litigation funding in action. Without our investment, Mr Forbes would not have been able to secure such a substantial and transformative judgment. It was our pleasure to assist him—and, from our perspective, it was also a very strong investment, particularly given the high IRR that will be achieved for our LPs over a short 21-month period.”

This first win for Lexolent Litigation Fund 1 SP marks a significant milestone for the company as it continues to reshape the litigation finance landscape both in the Middle East and globally. The case underscores the vital role litigation funding plays in levelling the playing field between claimants and well-resourced defendants, ensuring that justice is not a privilege but a right accessible to all.

Syed Mujtaba Hussain, founding partner of UAE based boutique law firm Emirates Legal, acted for Mr Forbes and instructed David Parratt KC and William Frain-Bell KC.

Mr Hussain commented: “This was the first time I have used litigation funding but I will certainly do so again. Lexolent were easy to work with and allowed the lawyers to do their job without concern over fees being met. Litigation funding is a valuable tool and it assisted in producing a great result for Mr Forbes. We are all delighted with the outcome.”

About Lexolent:

Lexolent is a globally coordinated network for legal finance professionals and the first litigation fund to be based in the UAE, offering innovative funding solutions and unmatched expertise in litigation finance. Led by industry pioneer Dr Nick Rowles-Davies, Lexolent connects capital providers with high-value legal claims, delivering results for claimants and investors alike.

LitFin Accused of Hijacking Kandinsky Art-Theft Suits

By John Freund |

A high-stakes recovery effort for a trove of Russian avant-garde art has devolved into a funder–claimant showdown. The family of the late collector Uthman Khatib alleges that Prague-based LitFin Capital withheld payments and sought to take control of litigation tied to roughly 1,800 works—including pieces by Wassily Kandinsky, Kazimir Malevich, and El Lissitzky—allegedly stolen from German storage in 2019. Dentons partner Heiko Heppner, counsel to the Khatibs, says LitFin crossed ethical lines by conditioning fee payments on the ability to directly steer the suits and even pressing for the Khatibs’ removal from the claim.

An article in Bloomberg Law reports that the dispute has moved to private arbitration in Frankfurt, where the Khatibs accuse LitFin of breaching a funding agreement reportedly sized at €8.5 million. After initially financing recoveries—including a 2024 police raid in France that turned up a large cache—the relationship soured; by late 2024 LitFin had disbursed about €3.7 million and then stopped paying, according to the family. The Khatibs say the funder insisted Dentons take instructions directly from LitFin and would release roughly €2 million in unpaid fees only if it could assert greater control. LitFin CEO Maroš Kravec declined to discuss ongoing proceedings, saying the firm is committed to transparency and will vigorously defend against “unfounded” accusations.

The litigation is in flux following the July death of Uthman Khatib; proceedings against alleged orchestrator Mozes Frisch and the arbitration with LitFin are paused pending estate matters, though a related French case continues. Around 400 works are currently held by French and German courts; the whereabouts of many others remain unknown. The clash lands amid intensifying scrutiny of funder influence, with recent U.S. state measures in Georgia and Louisiana explicitly curbing funder control.

For legal finance, the case spotlights the fault line between capital provision and case control—particularly in cross-border asset recoveries where monetization paths are complex. Expect renewed focus on governance terms, fee-release mechanics, and escalation protocols that minimize brinkmanship without undermining claimant autonomy.

Innsworth, Mastercard in spotlight as UK class actions swell

By John Freund |

A new snapshot of the UK’s class action landscape suggests a market that is growing in size while facing sharper scrutiny. Drawing on data published by law firm CMS, the total value of UK class actions reached roughly £135bn in 2024, with opt-out claims continuing to dominate the Competition Appeal Tribunal’s docket and Big Tech among the most frequent targets. The report’s topline figures underline just how central collective actions have become to consumer redress and market regulation in the UK.

An article in City A.M. frames the numbers against several pressure points for third-party funding. In May, after nearly nine years of litigation, the Tribunal approved a £200m settlement in Merricks v Mastercard over the objections of funder Innsworth Capital, which had argued the result undervalued the claim. The piece also notes the UK government’s new call for evidence on the opt-out regime, citing concerns about rising costs and whether outcomes are delivering value for class members. CMS observes that CAT collective proceedings now encompass hundreds of millions of potential class members, even as defendants have begun to notch notable wins at trial.

For funders, the immediate questions are commercial and procedural. Do recent merits outcomes and distribution-phase frictions imply tougher economics at exit? Will the government’s evidence-gathering lead to tweaks on disclosure or certification that change underwriting assumptions? Allocation between opt-out consumer claims and more surgical opt-in strategies may shift if pricing risk rises.

If reforms focus on transparency and class-member value without chilling meritorious claims, well-capitalised managers could benefit from clearer rules of the road. Either way, today’s data supports a view that UK collective actions will remain a core deployment avenue—just with tighter margins and closer oversight.

Burford’s Q2 Profits Surge on New Capital

By John Freund |

Burford Capital has delivered its strongest quarterly performance in two years, buoyed by a swelling pipeline of high-value disputes and a fresh infusion of investor cash.

A press release in PR Newswire reveals that the New York- and London-listed funder more than doubled revenue and profitability in the three months to 30 June 2025. CEO Christopher Bogart credited “very substantial levels of new business” for the uptick, noting that demand for non-recourse financing remains “as strong as we’ve ever seen.”

The stellar quarter follows a lightning-quick, two-day debt offering in July that raised $500 million—capital Burford says will be deployed across a growing roster of commercial litigations, international arbitrations, and asset-recovery campaigns. Management also highlighted significant progress in portfolio rotations, underscoring the firm’s ability to monetise older positions while writing new ones at scale. Investors will get a deeper dive when Burford hosts its earnings call today at 9 a.m. EDT.

Burford’s results arrive amid heightened regulatory chatter in Washington and Westminster, yet the numbers suggest the industry’s largest player is unfazed—for now—by talk of disclosure mandates and tax levies. The firm emphasised that its legal-finance, risk-management and asset-recovery businesses remain uncorrelated to broader markets, a pitch that continues to resonate with pension funds and endowments hunting for alternative yield.

For litigation-finance insiders, Burford’s capital-raising prowess and improving margins could have ripple effects: rival funders may face stiffer competition for marquee cases, while law-firm partners might leverage the firm’s deeper pockets to negotiate richer portfolio deals.

Karyn Cerulli Joins High Rise Financial to Bolster PI Funding

By John Freund |

High Rise Financial has added industry veteran Karyn Cerulli as Regional Vice President of Sales, deepening the Los-Angeles-based funder’s reach into the personal-injury bar. Cerulli spent more than a decade with FindLaw and Thomson Reuters, where she partnered with firms on digital marketing and business-development strategies. In her new role she pivots from lead generation to liquidity, positioning High Rise’s non-recourse advances as a client-care tool for plaintiffs’ firms facing lengthy litigation timelines.

A post on LinkedIn sets out Cerulli’s agenda: hands-on attorney support, a “best rate guarantee,” and white-glove service that places “zero pressure” on case strategy while delivering cash within days. Cerulli frames High Rise as a complement rather than a competitor to existing funders, inviting firms to keep her on standby as a “second option” or safety net when primary partners stall or pricing shifts.

The move comes amid rapid growth for High Rise, which secured a $100 million senior credit facility late last year to expand its pre-settlement portfolio and medical-lien program. The funder touts 24-hour approvals, no credit checks, and repayment only from a successful resolution—features that resonate with Cerulli’s long-time focus on consumer-friendly legal services. With her network of plaintiff-side marketers and case managers, the company hopes to accelerate origination across high-volume auto and premises claims.

Australian High Court Ruling Strengthens Class-Action Funders

By John Freund |

Australia’s litigation-funding industry just received the judicial certainty it has craved.

Clayton Utz reports that the High Court, in Kain v R&B Investments [2025] HCA 26, unanimously held that the Federal Court may impose common-fund orders (CFOs) or funding-equalisation orders at settlement or judgment—ensuring all class members, not just those who signed funding agreements, contribute to a funder’s commission.

The Court reaffirmed Brewster’s bar on early-stage CFOs but found late-stage CFOs fall within the “just” powers of ss 33V(2) and 33Z(1)(g) of the Federal Court Act. Crucially, the bench rejected “solicitor common-fund orders,” ruling that any CFO benefiting plaintiff firms would contravene the national ban on contingency fees outside Victoria.

For funders, the decision cements the enforceability of commissions in nationwide class actions and removes a major pricing risk that had lingered since Brewster. For plaintiff firms, however, the ruling slams the door on a hoped-for new revenue channel.

The Court’s reasoning—tying funding commissions to equitable cost-sharing rather than contingency returns—will likely embolden funders to back larger opt-out claims, knowing a CFO safety-net is available at settlement. Meanwhile, plaintiff firms may redouble lobbying efforts for contingency-fee reform, particularly in New South Wales and Queensland, to reclaim ground lost in today’s judgment. Whether lawmakers move on that front will shape Australia’s funding market in the years ahead.

Locke Capital Backs Sarama in US $120 Million ICSID Claim Against Burkina Faso

By John Freund |

A junior gold explorer is turning to third-party capital to fight what it calls the expropriation of a multi-million-ounce deposit.

According to a press release on ACCESS Newswire, ASX- and TSX-listed Sarama Resources has drawn down a four-year, US $4.4 million non-recourse facility from specialist funder Locke Capital II LLC. The proceeds will pay Boies Schiller Flexner’s fees and expert costs in Sarama’s arbitration against Burkina Faso at the International Centre for Settlement of Investment Disputes (ICSID).

Sarama alleges the government retroactively revoked its Tankoro 2 exploration permit in 2023, halting development of the flagship Sanutura project. An arbitral tribunal chaired by Prof. Albert Jan van den Berg held its first procedural hearing on 25 July; Sarama’s memorial is due 31 October, and the company is seeking no less than US $120 million in damages.

Under the Litigation Funding Agreement, Locke’s recourse is limited to arbitration proceeds and the ownership chain of Sanutura; Sarama’s other assets remain ring-fenced. Repayment occurs only on a successful award or settlement, with Locke’s return calculated on a multiple-of-invested-capital basis and adjusted for timing.

The deal underscores the continued appetite of specialist funders for investor-state claims, particularly in the mining sector where treaty protections offer a clear legal framework and potential nine-figure payouts.

Express Legal Funding Unveils Suit-Cost Calculator for Injury Plaintiffs

By John Freund |

A Texas-based consumer litigation financier is betting that radical price transparency will set it apart in the crowded pre-settlement funding market.

An Express Legal Funding press release announces that the company has launched a web-based “Lawsuit Loan Calculator” built on Gravity Forms that lets plaintiffs and their counsel generate real-time payoff estimates before taking an advance.

Company strategy director Aaron Winston said the tool aims to “bring transparency and confidence to a process that has historically felt opaque,” noting that many accident victims accept costly funding without a clear view of cumulative fees. The calculator outputs simple-interest repayment schedules and allows users to toggle loan amounts and projected case duration so they can compare the effective cost of capital against other options.

Express Legal Funding, founded in 2015 and active in more than 40 U.S. states, prices its non-recourse advances on a fixed-rate basis and caps total payback at the lesser of settlement value or contractual maximum. The company said the calculator also gives personal-injury lawyers a “conversation starter” to educate clients on true borrowing costs and to discourage over-funding that could jeopardize net recoveries. Industry peers have offered similar tools, but most calculate only monthly interest or require phone follow-ups for firm quotes; Express claims its interface delivers end-to-end transparency in under two minutes.

Insurers Probe Opacity of U.S. TPLF Contracts

By John Freund |

Gen Re has published a white-paper warning casualty carriers that “stealth capital” behind many U.S. lawsuits is complicating claims evaluation and settlement strategy. Drawing on recent state reforms in Georgia, Indiana and West Virginia, the authors urge adjusters to demand early disclosure of funding agreements, nail down who controls litigation decisions, and model “loss-amplification” where funder ROI targets distort settlement ranges.

The report flags a surge of bespoke contracts—some tying funder exit multiples to milestone events, others granting veto rights over settlement—placing traditional bad-faith calculations at risk. It also cites emerging defense tactics: subpoenaing funder communications after privilege waivers, and leveraging new civil-procedure rules that compel funding disclosure in federal mass-torts.

For legal-finance shops, the memo is a reminder that the insurance lobby is mapping counter-measures in real time. Expect more discovery fights over work-product doctrine and, potentially, higher re-insurer premiums priced into portfolios that contain funded claims.

Harbour, Litigation Lending and Others Spotlighted in ABC Exposé

By John Freund |

Australia’s long-running investigative program, Four Corners, has turned its lens on the country’s booming class-action market— and on the third-party funders who bankroll it.

ABC News’ 47-minute report, The Price of Justice, chronicles how class actions once hailed as David-versus-Goliath tools have evolved into profit engines for litigation investors and plaintiff firms alike. Viewers are walked through three marquee matters: the $272 million Uber settlement backed by Harbour Litigation Funding, Indigenous “Stolen Wages” cases funded by Litigation Lending Services, and the notorious Banksia Securities collapse that saw lawyers doubling as funders and later embroiled in fraud.

Critics interviewed argue that minimal regulation—offshore funders can reap 250% returns—has turned Australia into a “honeypot.” Pro-funding voices counter that without outside capital many mass-harm cases would never reach court. The broadcast lands as Canberra again mulls caps on commissions and mandatory licensing for funders—measures shelved last Parliament.

The programme’s searing anecdotes are likely to re-energise calls for tighter disclosure around fee-sharing and a statutory floor for claimant recoveries. Funders operating in Australia may soon face a two-front challenge: reputational scrutiny in the media and renewed legislative momentum in Parliament.

Poll: UK Business Leaders Favour Litigation Funding, Cite Apple Action

By John Freund |

New survey data of 765 UK business leaders finds overwhelming support for third-party litigation funding as a catalyst for growth rather than mere cost-containment. Asked to weigh the mechanism’s risks and rewards, 68% said funding is good for the business environment against just 7% who view it negatively—a ten-to-one margin. Nearly four in five executives would consider using a funder themselves, and a plurality would plough the freed-up capital into technology upgrades (49%), followed by new products or services (44%) and market-expansion campaigns (38%).

An article in Law Gazette reports that consumer attitudes track the corporate sentiment, with 76% of the 1,501 adults polled willing to rely on funding to pursue claims and 87% stressing the importance of access to the Competition Appeal Tribunal for anti-competitive matters. Critically, only 43% feel confident taking on large companies unaided, a “justice gap” that Dr Rachael Kent—lead representative in the £1.5 billion collective action accusing Apple of App Store abuses—says funders are uniquely positioned to close. “It’s only through litigation funding that we can create a more competitive market,” she noted, with support strongest among Labour voters.

International Legal Finance Association chair Neil Purslow added that a swift legislative fix to reverse the Supreme Court’s PACCAR decision would let funders redeploy capital into the UK and, by extension, allow claimant companies to redirect savings toward digital transformation and other growth projects.

For funders, the message is unmistakable: mainstream businesses now view legal finance as a strategic enabler, while public willingness to use funding bolsters collective-action pipelines. If Westminster moves quickly on PACCAR, the industry could see an infusion of demand and capital that reshapes Britain’s litigation landscape in the coming quarters.

Pogust Goodhead Targets BHP in £1.3B Conspiracy

International plaintiffs’ firm Pogust Goodhead has opened a fresh front in the marathon litigation over the 2015 Fundão dam collapse, dispatching a pre-action letter that accuses BHP, Vale and their joint-venture Samarco of orchestrating an unlawful plot to sabotage the English proceedings.

Acting through U.S. counsel Orrick, the firm says the miners induced claimants to sign cut-price settlements in Brazil, interfered with existing retainers and weaponised redress programmes run by the Renova Foundation to starve the London group action of participants. Pogust Goodhead pegs its damages at more than £1.3 billion—roughly the fees and uplifts it stands to lose if the 620,000-strong claimant cohort is picked off piecemeal.

An article in Reuters says the firm will argue three causes of action—unlawful means conspiracy, inducement of breach of contract and enforcement of its equitable lien—and blames the defendants’ constitutional challenge in Brazil (ADPF 1178) and the proposed “Repactuação” mega-settlement for the intensified pressure campaign.

The pre-action salvo lands just months after the close of a 13-week liability trial against BHP in London; judgment is due later this year, with a quantum phase already on the docket for 2026. Separately, Vale and BHP confront contempt allegations for allegedly funding satellite litigation to derail municipal claims. Should the new claim proceed, the miners could face parallel exposure not only for compensatory payouts—estimated at up to £36 billion—but also for the law firm’s lost fees and financing costs, which Pogust Goodhead says now exceed $1 billion.

Uncorrelated Capital Debuts With $53M for Litigation Finance

By John Freund |

A new entrant has jumped into the U.S. legal-finance arena.

National Law Review reports that Uncorrelated Capital has closed a $53 million seed round, backed by a private-credit fund and a leading plaintiffs’ law firm. Founder Miles Cole—a two-time tech entrepreneur—says the firm will “invest alongside law firms as partners” rather than lend against fees, aligning incentives to “drive better outcomes for plaintiffs.” The firm has already deployed “tens of millions” across thousands of claims, including high-profile mass-tort dockets such as Camp Lejeune.

Uncorrelated’s thesis is to marry software and data analytics with long-duration capital, targeting “uncorrelated” return streams that behave independently of broader markets. Cole argues that litigation finance remains “underserved by technology” and plans to build proprietary tooling to vet cases, monitor portfolios and streamline reporting. The launch comes as institutional money continues to flow into alternative credit strategies and amid renewed regulatory scrutiny of third-party funding structures on Capitol Hill.

For the legal-funding industry, Uncorrelated’s arrival underscores two trends: first, that smaller, tech-forward managers can still raise meaningful capital despite the dominance of well-funded incumbent players; second, that plaintiff-side firms remain eager for non-recourse capital partners who can shoulder risk without dictating strategy. Whether Uncorrelated’s data-centric model will gain traction—or push incumbents to up their own tech game—bears watching. Future fundraising rounds and case wins will reveal if the firm’s “software-first” pitch delivers outsized returns or simply adds another niche player to an increasingly crowded field.

LFJ Podcast: Stuart Hills and Guy Nielson, Co-Founders of RiverFleet

By John Freund |

In this episode, we sat down with Stuart Hills and Guy Nielson, co-founders of RiverFleet, a consultancy business specialising in the global Legal Finance market.  

RiverFleet works with clients to help navigate the complexities and idiosyncratic characteristics of the Legal Finance market and make the most of the financial opportunities and risk solutions the market has to offer for business and investment. 

RiverFleet has a highly experienced team, with specialist litigation, finance and structuring, and investment and portfolio management expertise.  They offer a broad range of legal finance services tailor-made for a global client base, including investors, litigation finance funds, claimants, corporates, insolvency practitioners and law firms.

Watch the episode below:

https://www.youtube.com/watch?v=qb1ef7ZhgVw

Insurers Intensify Offensive Against Litigation Funders

By John Freund |

In a fresh salvo that lays bare the brewing turf war between two sophisticated risk-transfer industries, a cadre of major U.S. insurers is doubling down on efforts to hobble third-party litigation finance.

An article in Bloomberg Law reports that carriers including Chubb, Liberty Mutual, Nationwide and Sentry are leveraging their Washington lobbying muscle—and, critically, their underwriting leverage—to choke off capital flows to funders. Executives have signaled they will refuse to place policies for firms that invest in, or even trade with, outside funders, arguing that those investors fuel “social inflation” and nuclear verdicts that drive casualty-line losses. The aggressive posture follows the industry’s failed push to tack a 40% excise tax on litigation finance profits into the Trump administration’s sweeping budget bill earlier this month.

Yet the campaign has its detractors—even within the insurance ecosystem. Ed Gehres, managing partner at Invenio LLP, calls the stance “logically inconsistent,” noting that insurers themselves underwrite contingent-risk cover that is often purchased by the very funders they now vilify. Marsh McLennan, Lockton and others already offer bespoke judgment-preservation and work-in-progress (WIP) policies that dovetail neatly with funder portfolios. Daniela Raz, a Marsh SVP and Omni Bridgeway alum, underscored that such products can allow litigants to “retain more proceeds than they would in an uninsured litigation-finance transaction,” blurring any bright line insurers try to draw between their own risk-transfer solutions and funder capital.

Insurers’ hard-line rhetoric may complicate capacity-placement for funders and plaintiff firms, but it also highlights litigation finance’s growing systemic relevance. If carriers continue to walk the talk—declining placements or hiking premiums for funder-adjacent risks—expect a rise in alternative instruments (captives, bespoke wrap policies, even reinsurer-backed facilities) and deeper collaboration between funders and specialty brokers to fill the gap. The skirmish could ultimately accelerate product innovation on both sides of the ledger.