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King’s Speech Omits PACCAR Fix, Funding Industry Voices “Deep Disappointment”

By John Freund |

The UK government's annual legislative agenda set out in the King's Speech this week made no mention of the long-promised litigation funding bill, leaving the industry's preferred reversal of the Supreme Court's 2023 PACCAR ruling unresolved. The omission comes despite a December commitment from ministers to legislate on PACCAR and introduce a new regulatory framework for funders, and it has drawn sharp rebukes from across the third-party funding sector.

As reported by Legal Futures, counsel and funders called the absence a setback for the competitiveness of England and Wales as a litigation hub. White & Case partner Robert Wheal said the government had "recognised that uncertainty caused by the PACCAR ruling risked undermining the competitiveness of England and Wales as a global hub for commercial litigation and arbitration," adding that it was "disappointing that time has not been found for the necessary legislation."

Jeremy Marshall, chief investment officer at Winward Litigation Finance, warned that the continuing ambiguity is eroding investor appetite. "Uncertainty is unhelpful for any investor and litigation funding is no different," he said, noting that the UK's premium standing in global legal services depends on credible funding rails for both consumer and commercial claims.

Trade bodies including the Association of Litigation Funders and the International Legal Finance Association voiced "deep disappointment" at the omission. The Ministry of Justice is reportedly waiting to attach the funding legislation to a suitable vehicle bill later in the parliamentary session.

ITC Disclosure Proposal Would Force Litigation Funding Transparency in Section 337 Cases

By John Freund |

The U.S. International Trade Commission has proposed a rule that would require parties in Section 337 intellectual property investigations to disclose their litigation funding arrangements, including the identities of entities that hold financial interests in or exercise control over case strategy and settlement decisions. The stated objective is to surface potential conflicts of interest and bring greater clarity to a venue that has become a primary forum for patent enforcement against imports.

As reported by Winston & Strawn, partner Alexander Ott discussed the proposal with Law360 and framed the disclosure regime as a tool that supports the agency's statutory mandate. "The commission's goal is to defend U.S. domestic industry," Ott said, making it important for the ITC to know "all the parties with a financial stake."

Ott suggested that commissioners could use funding information to weigh exclusion-order remedies more carefully, evaluating "how their decision helps or hurts the domestic industry ultimately." The argument lands inside a broader U.S. policy debate over whether mandatory funding disclosure should be confined to specific dockets or extended across federal courts, an issue currently before the Advisory Committee on Civil Rules.

If adopted, the ITC rule would mark the first formal, agency-level disclosure mandate aimed squarely at funded patent cases, layering a transparency obligation that plaintiffs and funders have resisted in district court litigation. The proposal is expected to draw written comments from funders, the patent bar, and large importers before the commission finalizes any change.

Burford Capital Shareholders Approve All AGM Resolutions, Back Dividend and Capital Authorities

By John Freund |

Burford Capital shareholders approved all 16 resolutions at the company's 2026 annual general meeting, ratifying the board's director slate, a final dividend, and a full suite of capital and share-issuance authorities. Roughly 70% of the company's outstanding shares were represented at the May 13 meeting, with every resolution clearing by a comfortable majority.

According to Burford's Form 8-K filing, shareholders re-elected all seven directors standing, with support ranging from 84.78% for John Sievwright to 96.90% for CEO Christopher Bogart. The board's $0.0625-per-share final dividend was approved with 96.73% support and is payable on June 12, 2026 to holders of record on May 22.

The advisory say-on-pay vote drew 72.92% backing, the lowest level of support among the governance items, while the reappointment of KPMG as auditor was nearly unanimous at 99.89%. Shareholders also authorized the board to issue ordinary shares for general corporate purposes (96.23%), conduct market repurchases (98.01%), and disapply pre-emption rights for both general share issuances (96.90%) and acquisitions (96.52%).

The vote arrives weeks after Burford's Q1 disclosures detailing a $2.4 billion YPF-related write-down and a strategic pivot toward a more diversified portfolio. Broad shareholder support for the capital framework gives management latitude to commit fresh capital, buy back stock, or finance acquisitions as it executes that repositioning.

State Legislatures Tighten the Screws on Third-Party Litigation Funding

By John Freund |

State legislatures continued their march toward tighter regulation of third-party litigation funding this week, with separate bills advancing in Michigan and Colorado that take very different routes to constrain outside capital in litigation.

In Michigan, the state House on May 12 passed House Bill 5281, the Third-Party Litigation Funding Transparency Act, sponsored by Rep. Mike Harris. The bill requires registration and disclosure by funders, prohibits funder control over case decisions, bars foreign adversaries from financing Michigan lawsuits, and caps funder returns from any award. The measure is backed by the Michigan Alliance for Legal Reform, a coalition of consumer advocates, small-business groups, and chamber-aligned organizations. It now moves to the Michigan Senate.

In Colorado, the legislature sent House Bill 1421 to Governor Jared Polis, who has until June 12, 2026 to sign or veto. The bill prohibits Colorado law firms from entering financial arrangements with non-attorney-owned alternative business structures, including arrangements in which out-of-state entities cover marketing or operational costs in exchange for a percentage of settlements. It cleared the Colorado House 53–11 and the Senate 33–2, supported by a coalition that included the Colorado Chamber of Commerce, the Colorado Trial Lawyers Association, and the American Property Casualty Insurance Association.

Together, the two bills illustrate the dual fronts on which the U.S. litigation finance industry is now defending itself: disclosure and conduct rules in Michigan, and outright structural prohibitions on outside capital flowing to law firms in Colorado. Both reflect a coordinated state-level push by chamber and insurance trade groups, at times aligned with elements of the plaintiffs' bar, to redraw the boundaries of permissible third-party funding in U.S. civil litigation.

Burford Repositions Around Broader Portfolio After $2.4 Billion YPF Write-Down

By John Freund |

Burford Capital is shifting its public narrative from a single landmark case toward the breadth of its underlying portfolio after absorbing a $2.4 billion non-cash write-down tied to the YPF reversal. The firm posted a $1.6 billion first-quarter loss and saw nearly half of its market valuation wiped out in the immediate aftermath, but management has used recent disclosures to reframe the setback against the rest of the book.

As reported by Non-Billable, Burford continues to pursue legal avenues on YPF, though chief executive Chris Bogart has acknowledged that U.S. courts "rarely grant such requests," with international arbitration emerging as the more probable next step. The firm has also pointed to roughly $100 million of profit already realized from YPF through the sale of minority stakes to third-party investors.

Beyond YPF, Burford is leaning on the size and composition of its broader portfolio: more than 230 active assets that the company has previously identified as capable of generating in excess of $5 billion in future returns. Management is framing the residual book as concentrated in large-scale commercial claims handled by major law firms and specialist disputes practices, distinct from the public profile of the YPF dispute.

Burford has also signaled operational continuity, with Travis Lenkner advancing from chief development officer to chief operating officer. Taken together, the moves suggest a strategy of accepting the YPF setback as a discrete event while attempting to reanchor investor focus on the firm's underlying claim portfolio rather than headline-case asymmetry.

Op-Ed: Nuclear Verdicts and Litigation Funding Driving Consumer Price Pressure

By John Freund |

A new op-ed by Ike Brannon of the Jack Kemp Foundation argues that the rapid rise of "nuclear" verdicts, fueled in part by third-party litigation funding, is now translating directly into higher prices for U.S. consumers. The piece adds to the chorus of tort-reform commentary linking the growth of outside capital in litigation to broader inflationary pressures.

As reported by RealClearMarkets, Brannon points to 49 "thermonuclear" judgments exceeding $100 million in 2024, nearly double the prior year, with overall tort litigation payments topping half a trillion dollars and projected to reach $800 billion annually by 2030. The op-ed cites antitrust allegations against fire truck manufacturers Oshkosh Corp., REV Group, and Rosenbauer America, and notes that "dozens of local and state governments are suing energy companies" over fossil fuel production.

On funding specifically, Brannon highlights data showing 42 funders held $16.1 billion in U.S. commercial litigation assets under management in 2024, up from $9.5 billion in 2019, an increase of nearly 70%. He argues that the growth "creates incentives" for expansive litigation strategies aimed at maximizing settlement leverage rather than clarifying the merits of underlying claims.

The piece urges Congress to advance the Litigation Funding Transparency Act, which would require disclosure of outside funding in federal class actions and multidistrict litigation, alongside broader tort reforms aimed at speculative class actions. The argument lands at a moment of intensifying state and federal scrutiny of litigation funding economics and disclosure obligations.

Kairos Digital Loan Notes Bring UK Litigation Finance to Tokenized Capital Markets

By John Freund |

UK litigation finance has taken a step into tokenized capital markets with the launch of the Kairos Digital Loan Notes High-Yield Programme — the first publicly rated senior secured digital bond backed by UK litigation finance receivables. The structure opens with an initial $50 million tranche and is designed to scale to $500 million.

According to a press release distributed via Plentisoft, the programme is structured by Canadian fintech T-RIZE Group with issuance through UK-based Kairos Litigation Limited and programme management by Horizon Group. The notes carry a B+ pre-issuance rating from Particula and are distributed by regulated broker-dealers Texture Capital and Black Manta Capital Partners to eligible institutional and qualified investors.

The underlying assets consist of short-duration financing to UK law firms advancing consumer claims within established regulatory frameworks. The portfolio benefits from claim-level diversification, insurance overlays, and A-rated reinsurance, with the structure incorporating ring-fenced assets, security trustee oversight, and bankruptcy-remote protections. Lifecycle administration runs on the Canton Network's governed digital infrastructure.

T-RIZE chief executive Madani Boukalba described the programme as evidence that "private credit can operate within a digitally native framework" without lowering institutional standards. The launch coincides with a broader shift among litigation funders to access institutional credit markets directly and with rising investor appetite for non-correlated alternative credit exposures — a category in which litigation finance has long sought broader acceptance.

Roundup Class Counsel Seek $675 Million Fee Award in $7.25 Billion Monsanto Settlement

By John Freund |

Class counsel in the $7.25 billion Roundup nationwide class settlement have asked a Missouri judge to approve $675 million in legal fees — about 9.3% of the settlement fund, which counsel describe as "quite modest" relative to comparable mass-tort outcomes. The request crystallizes the economics behind one of the largest product-liability settlements of the decade.

As reported by Law.com, the settlement covers individuals across the United States who were exposed to Monsanto's Roundup herbicides and diagnosed with non-Hodgkin lymphoma, along with future diagnosed claimants. Monsanto, owned by Bayer, will fund the agreement over 17 to 21 years. Lead counsel for future claimants Eric D. Holland of Holland Law Firm framed the structure as designed to serve long-tail medical-monitoring needs of a chronic-exposure population.

The settlement received preliminary approval from the 22nd Judicial Circuit Court for the City of St. Louis, with a fairness hearing scheduled for July 9, 2026 to determine whether the structure is fair, reasonable, and adequate. The court has authorized a national notice program to alert eligible class members.

The fee request lands amid broader scrutiny of how legal fees and funder economics scale in mass-tort matters. While the Roundup class settlement does not publicly identify third-party litigation funding involvement, its sheer size and the duration of payouts highlight the long-horizon capital that has become increasingly central to mass-tort litigation strategy in U.S. courts.

APCIA Pins Cost-of-Living Pressures on “Legal System Abuse” and Litigation Funding

By John Freund |

The American Property Casualty Insurance Association is pressing its tort-reform message, arguing in a new release that "legal system abuse" — including third-party litigation funding — is a major and underappreciated driver of higher prices, fewer choices, and reduced economic output. The framing aligns with a coordinated industry push to reshape public discussion of civil-justice costs.

According to a press release distributed via PR Newswire, APCIA claims the U.S. tort system costs households nearly $6,000 per year in higher prices and reduced choice, alongside "hundreds of billions of dollars in lost economic output" and millions of jobs. The release argues outside capital, including TPLF, "could add to pressure on the legal system and costs for consumers," noting projections that the litigation funding market will more than double in size over the next decade.

The featured commentary comes from Dr. Robert P. Hartwig, clinical associate professor at the University of South Carolina, who frames "legal system abuse" as a key but underreported driver of cost-of-living pressures. APCIA calls for "commonsense reforms" that it says would lower household costs and improve insurance affordability while preserving access to the civil justice system.

The release does not cite peer-reviewed studies or specific state-level data for its figures. It arrives amid intensifying state and federal scrutiny of litigation funding disclosure, taxation, and foreign ownership — battles in which the property-casualty industry has emerged as the most consistent voice for tighter regulation.

Litigation Funding Emerges as an Asset Class in India

By John Freund |

Litigation funding is taking root in India as domestic and global investors begin financing commercial disputes in exchange for a share of awards or settlements. The shift positions India as one of the more closely watched emerging markets for third-party legal funding, even as deal data remains sparse and confidentiality the norm.

As reported by Mint, three firms — Mumbai-based alternative investment fund Five Rivers, LegalPay, and ELF Partners — are leading the early build-out. Five Rivers is in discussions to close its inaugural fund at $25 million to $50 million, targeting individual deployments of $1 million to $12 million. Cases are screened on legal merit, viable quantum, and asset rating, with litigation costs typically covered upfront in return for a share of recoveries.

Return profiles are striking by the standards of mainstream private credit. ELF Partners chief executive Pranav Mago has said investor payouts can run as high as 200% to 300% over four to five years, while Five Rivers expects successful cases to deliver 50% to 70% IRRs, with a portfolio target above 30%.

The legal foundation for third-party funding in India was clarified in 2018, when the Supreme Court in Bar Council of India v. A.K. Balaji validated such arrangements provided they are not "extortionate, unconscionable or against public policy." Industry participants argue that third-party funding broadens access to courts for commercial claimants facing better-resourced opponents and could anchor India's role in the next leg of global litigation finance growth.

Burford Capital Reports Q1 2026 Results, Citing Over $700M Liquidity Despite YPF Charge

By John Freund |

Burford Capital reported first-quarter 2026 results highlighting more than $700 million of liquidity and a 25% increase in new commitments, even as the YPF reversal drove a large non-cash charge to quarterly earnings. The figures frame Burford's capital base as intact despite the most significant single setback in its history.

According to the company's Q1 2026 earnings release, Burford ended the quarter with $740 million in cash and marketable securities, supported by the $500 million it raised in January. The firm reported $133 million in new definitive commitments — 25% above its Q1 average for 2024 and 2025 — and has visibility on roughly $280 million of cash from the portfolio so far this year.

Chief executive Christopher Bogart emphasized that the YPF loss, although headline-grabbing, has not produced a cash hit. To date, Burford has realized $236 million in cash proceeds and more than $100 million in profit from the YPF case. Bogart said the case was large in potential outcome but not especially costly to pursue, and that Burford remains open to similar asymmetric matters.

Looking ahead, Burford has 36 trials and merits hearings scheduled across its portfolios in 2026, compared with 23 at the same point last year, and identifies 23 assets with the potential to generate double-digit-million-dollar realizations during the year. The disclosures reinforce the company's view that the YPF reversal is recoverable within the broader portfolio.

Burford CEO Bogart Argues for Outside Capital in Law Firm Ownership

By John Freund |

Burford Capital chief executive Christopher Bogart is making the case for opening law firm equity to outside capital, framing the legal profession's current partnership structure as the last major holdout of professional services to resist public-market ownership. The vision extends Burford's existing strategy of treating legal claims as financial assets into the firms themselves.

As reported by Semafor, Bogart outlined two pathways for the model on the network's Compound Interest program. The first involves management services organizations, or MSOs, that separate back-office functions into standalone entities — a structure already gaining adoption across the U.S. legal market. The second is direct non-lawyer ownership, which would require either a bold first-mover firm in a permissive jurisdiction or coordinated reform of state ownership rules.

Bogart drew the parallel to investment banks in the 1980s, which moved from private partnerships to public companies after similar regulatory resistance collapsed. He observed that managing partners are "waiting for somebody else to take the next step," and reflected that many senior lawyers eventually look back on the value they created and wonder whether they would have been better off building equity in another industry.

The interview lands as Burford continues to absorb the impact of its March YPF litigation reversal and as broader U.S. litigation finance has drawn capital into law firm ownership through MSO structures. Bogart also pushed back on the idea that AI will dismantle the billable hour model anytime soon.

Hedge Funds Move on Distressed Litigation Finance Assets as Sector Slumps

By John Freund |

A protracted downturn in litigation finance is drawing hedge funds and special situations investors to acquire legal-claim portfolios at deeply discounted valuations, in some cases as low as 10 cents on the dollar. The roughly $20 billion industry has been battered by tougher regulation, prolonged court timelines, and investor withdrawals, leaving traditional funders short of capital and creating an opening for opportunistic buyers.

As reported by Bloomberg, firms including Davidson Kempner Capital Management, Attestor, Fortress Investment Group, and Bench Walk Advisors are among those exploring purchases of distressed portfolios. In some transactions, buyers are reportedly assuming claims at no upfront cost, paying sellers only a contingent share if cases ultimately succeed.

The shift follows several high-profile setbacks for the industry. In March, a U.S. appeals court overturned a $16.1 billion judgment in favor of YPF SA investors against Argentina — a case backed by Burford Capital. Burford's share price dropped 47% on the news and is down roughly 42% year-to-date.

Zachary Krug of NorthWall Capital observed that lengthy court cases have become a structural problem and that traditional funders are "running out of cash," generating supply for distressed buyers. Adding to the pressure, the UK justice ministry has signaled intentions to introduce "proportionate regulation" of litigation funding agreements, reinforcing the case for consolidation as long-duration capital meets short-duration liquidity needs.

Music Licensing Inc. Launches Luxembourg SPV to Securitize Copyright Litigation Portfolio

By John Freund |

Music Licensing, Inc. (OTCID: SONG), operating as Pro Music Rights, has announced the formation of a Luxembourg-domiciled special purpose vehicle to securitize and repackage its licensing portfolio and copyright infringement claims into tradeable securities. The structure represents one of the more ambitious recent attempts to bring litigation portfolio securitization to the public capital markets.

According to a press release distributed via Newsfile Corp., the SPV will bundle active licensee agreements generating recurring royalty streams, copyright infringement claims against unlicensed users, ongoing and future litigation claims, and rolling receivables from expanded IP licensing activity. Distribution is planned via Rule 144A private placements to qualified institutional buyers in the United States and Regulation S offerings to international investors.

The company is targeting listings on the Luxembourg Stock Exchange and Euro MTF market, the Vienna Stock Exchange and its MTF segment, and other EU-regulated venues. Pro Music Rights has reported a single doubtful account of approximately $1.092 billion tied to its Q2 2024 financials, alongside 2024 reported revenue of $128.9 million against a net loss of $54.4 million, framing the SPV as a structural fix to the gap between contractual claims and realized cash flow.

A company spokesperson described the initiative as addressing "the structural disconnect between our revenue" and cash position, characterizing it as "permanent, scalable" and "immediately value-accretive," and as potentially "the most consequential strategic decision in the company's history." Longer term, the company intends to pursue Form 10 SEC registration and a potential U.S. national exchange listing.

UK Judges Sharpen Scrutiny of Class Action Funder Returns

By John Freund |

UK judges are paying closer attention to the commercial benefits flowing to lawyers and funders in class action proceedings, signaling a tougher review of who actually gains from collective litigation. The shift follows growing concern that funder returns and legal fees can dwarf the per-person compensation delivered to class members.

As reported by The Times, the recalibration is being driven in part by a recent Competition Appeal Tribunal ruling that rejected a proposed collective action over alleged Atlantic salmon price-fixing. The case, brought by proposed class representative Anne Heal and backed by Erso Capital, sought to represent up to 44 million UK consumers. Litigation costs were budgeted at £16 million plus VAT, with after-the-event insurance of £5.3 million, against estimated per-person damages of £1.61 to £8.77.

The CAT held that "class actions offer enormous and irresistible commercial benefit to the lawyers and funders, whereas the commercial benefit to individual members of the class is relatively small," warning that the design "distorts incentives." The tribunal invited the claimant to reapply with reduced costs and an improved distribution mechanism.

The decision arrives amid a broader UK reset on third-party funding, including legislative work to reverse the Supreme Court's 2023 PACCAR ruling and Court of Appeal recognition in Gutmann v. Apple that the CAT may order funder returns to be paid in priority to class members. Together, the rulings suggest UK courts are seeking to preserve access to justice while constraining outsized funder economics.

Third-Party Funding Reshapes Post-M&A Arbitration in Spain

By John Freund |

Third-party funding is increasingly shaping the strategic landscape of post-M&A arbitration, according to discussions at the OPEN de Arbitraje 2026 conference held in Madrid. Practitioners and arbitrators examined how external capital is altering the calculus for claimants pursuing disputes that arise from share purchase agreements, earn-out clauses, and post-closing indemnity claims.

As reported by Iberian Lawyer, panelists framed third-party funding as a viable alternative for parties navigating the often-protracted and capital-intensive nature of M&A arbitrations. The discussion emphasized that funding agreements are no longer reserved for distressed claimants but are increasingly deployed by well-capitalized parties seeking to manage risk, free up balance sheet capacity, or align outside investors with the success of a claim.

Spain has emerged as one of Europe's more receptive jurisdictions for funded arbitration, with both the Spanish Court of Arbitration and the Madrid International Arbitration Center requiring disclosure of third-party funding arrangements. That regulatory clarity has helped institutional funders deepen their involvement in the Iberian market while giving counterparties greater visibility into the financing of claims.

The panel highlighted that post-M&A arbitration presents particular structural features that make funding attractive: claims tend to be discrete, liability-driven, and supported by extensive transactional documentation, all of which improve underwriting predictability. As funders refine their models for valuing M&A disputes, the conference signaled that capital is poised to play a more visible role in shaping which claims are pursued and how they are resolved.

Funded Class Action Delivers NZ$125 Million Win Against ANZ in New Zealand High Court

By John Freund |

Litigation funding played a decisive role in a landmark New Zealand High Court ruling that has left ANZ Bank New Zealand facing potential liability of up to NZ$125 million. The class action, brought on behalf of approximately 17,000 borrowers, would not have been viable without backing from funders LPF Group and CASL, which financed the proceedings against the country's largest bank.

As reported by LawFuel, Justice Geoffrey Venning delivered summary judgment against ANZ on May 4, 2026, finding the bank in breach of disclosure obligations under the Credit Contracts and Consumer Finance Act 2003 (CCCFA). The case turned on a coding error in ANZ's loan systems that affected variation letters issued between June 2015 and May 2016. Although the bank argued the underpayments averaged just NZ$2 per customer per month, the court held that "technical errors in disclosure, no matter how small the financial impact, trigger automatic statutory penalties."

ANZ was ordered to refund the lead plaintiffs NZ$32,728.42, establishing a benchmark that, when extrapolated across the class, produces the NZ$125 million exposure figure. The judgment rejected ANZ's "no harm" defense, confirming that Section 22 of the CCCFA imposes strict liability regardless of actual financial harm.

ANZ chief executive Antonia Watson described the consequences as "disproportionate." The bank reported after-tax New Zealand profit of roughly NZ$1.4 billion last year. The decision underscores how funded class actions are reshaping consumer redress in jurisdictions where individual claims would be uneconomic to pursue.

EU Court of Justice to Weigh Litigation Funding’s Impact on Antitrust Enforcement

By John Freund |

The Court of Justice of the European Union is set to examine whether certain forms of litigation financing risk undermining the effectiveness of the bloc's antitrust laws, in a referral that could reshape the funding landscape for cross-border consumer class actions. The case originates from Portugal and centers on the funding arrangements supporting Ius Omnibus, a non-profit consumer protection association that has emerged as a prominent claimant in European competition litigation.

As reported by MLex, the CJEU will determine whether class actions backed by particular funding structures pose a risk to the public-interest objectives of EU antitrust enforcement. The referral asks the court to assess whether economic incentives embedded in third-party funding can coexist with the bloc's competition rules or whether they create conflicts that compromise enforcement quality.

The decision is expected to carry significant implications for consumer associations and class representatives across Europe, many of which rely on outside capital to pursue mass claims against companies accused of anticompetitive conduct. A ruling that restricts certain funding models could narrow the financial pathways available to non-profit claimants, while a ruling that affirms flexible structures would reinforce that alternative finance is compatible with robust enforcement.

The case arrives as European policymakers continue to debate the boundaries of permissible litigation funding under the Representative Actions Directive and as national courts in Germany, the Netherlands, and Portugal develop divergent approaches to funder disclosure and control. The CJEU's eventual judgment is poised to set a binding precedent across all 27 member states.

The Times Warns UK Ministers Against Curbing Collective Lawsuits Targeting Big Tech

By John Freund |

A new opinion piece in The Times is urging UK ministers not to weaken the country's collective actions regime, arguing that funded class litigation has become one of the few effective checks on consumer harms inflicted by major technology platforms. The intervention comes as the Department for Business and Trade reviews the opt-out class action framework introduced under the Consumer Rights Act 2015.

As reported by The Times, the article catalogues a range of consumer harms attributed to large technology companies, from the design of addictive products to insufficient action against online predators. The author contends that, absent meaningful regulatory enforcement, collective redress backed by litigation funding is the most realistic route to accountability for individuals affected by the conduct of dominant digital platforms.

The piece arrives during a critical moment for UK collective redress. More than 20 opt-out actions have been certified under the Competition Appeal Tribunal's regime, with the cumulative value of certified and pending claims surpassing £160 billion. Funders, including Innsworth Capital and CASL, have continued committing capital to high-profile cases, including a £1 billion claim against Rightmove and the £1.7 billion Microsoft action recently approved by the CAT.

The author warns that any move to restrict opt-out actions or weaken funding arrangements would effectively close off mass claims as a tool for consumer accountability. With the Civil Justice Council's June 2025 report having recommended only modest changes to funding rules, advocates argue ministers should resist sweeping reforms that would tilt the balance back toward defendants.

The Times: Opt-Out Class Actions Vital to UK Access to Justice

By John Freund |

A second opinion piece in The Times has framed the UK's opt-out class action regime as an indispensable tool for access to justice, arguing that decades of cuts to civil legal aid have left litigation funding for collective redress as the only viable mechanism for many claimants to vindicate their rights. The article enters a live policy debate as the government reviews both the opt-out framework and the broader rules governing third-party funding.

As reported by The Times, the piece argues that civil legal aid has been "cut to the bone" over the past three decades, leaving consumers and small businesses without practical means to pursue redress when harmed by powerful corporate actors. In that environment, funded opt-out claims serve as a critical bridge between widespread consumer harm and meaningful remedy.

The article responds to ongoing scrutiny of the regime by the Department for Business and Trade, which issued a call for evidence in August 2025 covering 31 questions on access, funding, certification, and damages distribution. The Law Commission has separately launched a project, announced on April 20, 2026, to consider extending the collective actions regime beyond competition law into broader consumer protection.

The author contends that any rollback of opt-out claims or restriction on litigation funding would disproportionately benefit defendants while leaving claimants without recourse. With more than 20 collective actions already certified and total claim values exceeding £160 billion, supporters argue the regime is delivering on its access-to-justice mandate and should be preserved rather than narrowed.

Court of Appeal Shuts Down BHP’s Attempt to Overturn Mariana Liability Judgment

By John Freund |

The Court of Appeal of England and Wales today refused BHP’s application for permission to appeal the High Court’s landmark liability judgment in the Mariana disaster litigation.

The High Court found BHP responsible for the 2015 collapse of the Fundão tailings dam in Mariana, Minas Gerais, Brazil, concluding that BHP is liable for the disaster under both the Brazilian Civil and Environmental law.

The Court of Appeal heard BHP’s application for permission to appeal the decision on 12 March after BHP was refused permission to appeal by the High Court in January.  BHP asked the court for permission to contest the findings that it was a polluter, and that it had knowledge of the risks associated with the dam before the collapse. The mining company also challenged the finding that all claimants brought their claims in time.

The Court of Appeal’s refusal marks a further victory for the hundreds of thousands of Brazilian victims who have spent over ten years pursuing justice, and a major setback for BHP. The High Court’s liability judgment remains in force, and BHP has exhausted the ordinary routes by which it could seek to overturn it.

In today’s ruling, the court concluded that BHP’s proposed grounds of appeal have no real prospect of success and there is no other compelling reason for the appeal to be heard.  The decision means that the parties will proceed to the trial of Stage 2 of the proceedings, which will determine issues of causation, loss and damages. The trial evidence is to be heard from April 2027 to December 2027, with closing submissions listed for March 2028.

Lord Justice Fraser wrote in the decision: “I do not accept that any of the grounds relating to BHP’s liability for the dam collapse are reasonably arguable. I do not consider that there is any foundation for the different complaints that the trial judge failed to engage with BHP’s case."

Jonathan Wheeler, lead partner for the Mariana litigation at Pogust Goodhead, said: “The Court of Appeal has now joined the High Court in finding that BHP’s grounds of appeal have no real prospect of success - an emphatic and unambiguous outcome. BHP remains liable for the worst environmental disaster in Brazil’s history, and it will not be given another bite at the cherry.”

“Our clients have waited more than a decade for justice while BHP pursued every procedural avenue to avoid accountability; those avenues are now closed. We are focused on securing the compensation that hundreds of thousands of Brazilians have been owed for far too long.”

Corbin Capital Closes $342 Million Litigation Finance Fund I

By John Freund |

Corbin Capital Partners has held the final close of Corbin Litigation Finance Fund I at $342 million in fund and co-investment commitments, marking the alternative asset manager's first vehicle dedicated exclusively to litigation finance. The close caps a roughly two-year fundraise and consolidates a strategy that the $10 billion firm has run inside broader credit mandates since 2018.

As reported by Bloomberg Law, the fund has already deployed across 26 investments, with approximately 30% of capital allocated to mass tort matters and the balance spread across antitrust, commercial disputes, and intellectual property cases. Corbin runs a credit-style strategy that finances both case portfolios and law firms directly, including prior exposure to Boy Scouts of America abuse claims and ongoing financing of sexual abuse cases against government, religious, and educational institutions.

The fund drew commitments from institutional investors, family offices, and high-net-worth individuals seeking returns uncorrelated with public equities. Cesar Bello, Corbin's director of litigation finance, told Bloomberg that the strategy depends on diversification across legal risks rather than concentrated case bets. Litigation finance assets under management have climbed to roughly $16.1 billion as of mid-2024, up from under $10 billion five years earlier, according to industry data cited in the report.

Corbin's leadership has signaled that litigation finance will remain a complementary allocation rather than a flagship strategy, but the dedicated vehicle gives the firm a more visible platform in an asset class increasingly courted by allocators searching for non-correlated yield.

ITC Proposes Disclosure Rule Reaching Litigation Funders in Section 337 Cases

By John Freund |

The U.S. International Trade Commission has proposed a new disclosure rule that would require parties and intervenors in Section 337 investigations to identify ownership interests, legal-rights holders, and non-party funders or decision-makers with financial or control stakes in the matter. The rule reflects a broader patent-forum trend toward unmasking the parties operating behind named litigants.

As reported by JD Supra, the proposal would mandate disclosure across three categories: parent corporations and stock owners; non-party persons or entities with legal rights to bring the investigation based on the asserted unfair acts; and any non-counsel person or entity providing investigation-specific funding or holding approval rights over litigation or settlement decisions. Counsel contingency arrangements, personal loans, bank loans, and insurance are expressly excluded.

The Commission framed the rule as a transparency measure aimed at evaluating conflicts, clarifying whose rights are at stake, and facilitating settlement. The proposal aligns with the Patent Trial and Appeal Board's real-party-in-interest scrutiny and Chief Judge Colm Connolly's standing order in the District of Delaware, which already requires disclosure of non-recourse funding and funder approval rights. Public comments are open until June 29, 2026.

For litigation funders, the rule does not bar third-party financing of Section 337 cases but does demand visibility into capital structures and decisional control. Funders backing patent-heavy ITC dockets will need to assess whether portfolio mechanics, exclusive-licensee arrangements, or settlement consent rights cross the disclosure threshold — and prepare for a regulatory environment in which the named complainant is no longer presumed to tell the whole story.

Litigation Funders Emerge as Major Buyers of Law Firm Equity Through MSO Deals

By John Freund |

Litigation finance investors are stepping forward as one of the most active buyer groups in the scramble for equity stakes in U.S. personal injury law firms, deploying capital through managed services organizations and similar financing structures that work around state restrictions on non-lawyer ownership of legal practices.

As reported by Law360, funders are increasingly competing alongside private equity sponsors and specialty credit managers for ownership-adjacent positions in plaintiff-side firms, with a recent $125 million Fortress Investment Group transaction cited as a marker of the trend. The MSO model lets investors capture economic exposure to firm performance — case volumes, settlement-driven revenue, and platform value — without acquiring direct equity in the law firm itself.

The trend reflects a shift in how institutional capital is approaching the litigation asset class. Single-case funding and portfolio facilities remain the core of most funder books, but enterprise-level positions in law firms offer recurring exposure to caseload generation rather than discrete case outcomes. Personal injury firms, with their predictable case mix and high settlement throughput, have become the most sought-after targets.

The structures will sharpen the regulatory debate over non-lawyer ownership and disclosure. Arizona is the only state to formally permit alternative business structures, leaving MSO-style arrangements as the operative workaround in other jurisdictions. Plaintiff bar groups, defense interests, and tort reform advocates have all signaled concern over how funder equity in law firms intersects with rules of professional conduct, fee splitting, and the duty of independent professional judgment — pressure that is likely to grow as deal sizes climb.

CAT Approves £1.7bn Microsoft Class Action Despite Funder Uncertainty

By John Freund |

The UK's Competition Appeal Tribunal has certified a £1.7 billion opt-out collective action against Microsoft, even after acknowledging "a degree of uncertainty" surrounding the case's litigation funder. The claim, brought by digital markets expert Dr Maria Luisa Stasi on behalf of approximately 59,000 businesses, alleges Microsoft overcharged customers running Windows Server on rival cloud platforms.

As reported by Legal Futures, the Tribunal heard that funder Litigation Capital Management (LCM) has access to a $75 million facility from Canadian investment firm Northleaf Capital Partners, renewed in December 2024 with the potential to double in size. Roughly 62% of the £14 million case budget is drawn from third-party capital under management — outside any direct exposure to LCM's balance sheet — leaving £5.3 million tied to LCM itself.

Microsoft argued the certification application should be dismissed in part because of questions over LCM's solvency. The CAT, chaired by Mr Justice Adam Johnson, weighed LCM's £41 million in listed assets alongside the Northleaf facility and concluded there was a "reasonable expectation of funding." The panel further noted that, even if LCM's portion fell short, the present state of the litigation funding market would likely make alternative capital available for an already-certified claim.

Scott+Scott, the proposed class representative's solicitors, also clarified the conditions under which LCM could terminate the funding agreement — confirming any merit-based termination decision must rest on independent legal and expert advice. The CAT ruled that the proposed funding and governance arrangements supported certification on an opt-out basis.

Fortress Takes Equity Stake in Arizona Personal Injury Law Firm

By John Freund |

Fortress Investment Group has expanded its push into US legal services with a new equity investment in an Arizona personal injury law firm, structured through a financing arrangement designed to bring institutional capital onto a plaintiff-side platform. The transaction marks another step by the alternative asset manager into ownership-adjacent positions in a market where direct non-lawyer investment in law firms remains tightly restricted.

As reported by the Financial Times, the deal uses a financing structure that allows Fortress to take economic exposure to firm performance without breaching state rules barring non-lawyer ownership of legal practices. Such structures — often built around management service organizations and similar vehicles — have become a focal point for litigation finance investors seeking durable, recurring exposure to plaintiff-side caseloads rather than single-case funding alone.

Fortress has been one of the most active alternative managers in the US litigation finance and legal services market, deploying capital across single-case funding, portfolio facilities, and law firm financing transactions. Recent moves by the firm reflect a broader trend of institutional capital migrating toward law firm enterprise value, particularly in plaintiff-side personal injury practices, where predictable case volumes and settlement-driven revenue streams attract yield-seeking investors.

The transaction will likely intensify scrutiny of the legal and regulatory architecture governing non-lawyer participation in US law firms. Arizona is the only state to formally permit alternative business structures, but financing-led arrangements remain a workaround in other jurisdictions — and a flashpoint for the bar groups, plaintiffs' associations, and tort reform advocates currently debating disclosure and ownership rules.

Misra IP Litigation Launches With Focus on Patent Litigation Funding and IP Monetization

By John Freund |

Anup Misra has launched Misra IP Litigation, a new patent litigation strategy and advisory firm centered on litigation funding, underwriting, and intellectual property monetization. The firm will serve as lead underwriting counsel for Patent Capital Funding, an insurance-backed patent litigation finance platform that has raised approximately $400 million to date.

According to PR Newswire, Misra will evaluate prospective investments, structure litigation strategy, and oversee funded cases for the platform. Patent Capital Funding partners with a select group of plaintiff-side firms and applies an underwriting framework that stress-tests each matter across infringement, validity, and damages — focusing capital on cases capable of withstanding scrutiny through trial and appeal.

Prior to launching the firm, Misra served as Managing Director of Intellectual Property at Curiam Capital, where he led underwriting and strategic oversight of patent litigation investments. "My focus is on bringing a combined litigation and underwriting perspective, experience investing in patent litigation, and relationships with top-tier plaintiff-side firms and industry participants to help scale the platform in a disciplined way," Misra said in the announcement.

Beyond his work for Patent Capital Funding, Misra IP Litigation will also advise independent inventors and small to mid-sized businesses on monetization strategies — through litigation, licensing, or acquisition — and provide diligence and strategic oversight on patent litigation investments more broadly. The firm's practice spans pre-suit and post-filing analysis, infringement, validity, and damages assessment, ongoing case development, and portfolio construction strategies for patent holders.

Legal Asset Servicing Names Gian Kull CEO of Legal Asset Infrastructure Platform

By John Freund |

Legal Asset Servicing (LAS) has appointed Gian Kull as Chief Executive Officer to lead the institutional scale-up of its operational platform for litigation finance. The London-based platform currently supports more than €7 billion in claim value across litigation funders, law firms, and insurers backed by leading institutional investors.

According to the National Law Review, Kull joins LAS from Omni Bridgeway, where he served as Regional Portfolio Manager and led the UK office to become the funder's largest globally by investment volume. He previously served as Chief Investment Officer at Augusta Ventures, where he managed one of the UK's leading litigation finance portfolios.

LAS positions itself as the financial infrastructure layer for legal assets, providing funders, law firms, insurers, and capital providers with a single platform to monitor, manage, and report on legal asset portfolios. "Billion-dollar portfolios are still being managed on spreadsheets and fragmented tools," Kull said in the announcement. "LAS exists to fix that. We've built the operational layer that litigation finance needs to function at institutional scale."

The platform also targets one of the structural barriers to a secondary market in litigation finance: due diligence friction. Because LAS holds structured, multi-party data tied to each case, it functions as an instant data room for secondary transactions — reducing diligence timelines from weeks to hours and supporting cleaner information transfer when portfolio assets change hands. Kull's appointment marks the start of an accelerated commercial phase for LAS as the asset class continues to mature.

GLS Capital Ranked Among Top US Litigation Funders by Legal 500 Disputes Hub

By John Freund |

GLS Capital has been ranked by The Legal 500's Disputes Hub as one of the leading US commercial litigation funders, the firm announced. The recognition places GLS in the upper tier of a directory tracking funders most active and visible in major US disputes.

According to citybiz, GLS Capital — a global commercial litigation finance firm — earned the ranking based on its record financing complex commercial disputes, including patent litigation, antitrust matters, and high-value contract claims. The Legal 500's Disputes Hub aggregates data on funders, law firms, and disputes professionals, and is widely consulted by general counsel and outside counsel evaluating funding partners.

The ranking comes amid intensified competition among US-focused commercial funders, where capital deployment, portfolio performance, and case selection discipline increasingly define market leadership. GLS Capital has been among the more active mid- and upper-market funders since its founding, with a portfolio that spans single-case investments, law firm portfolios, and structured arrangements with claimants in commercial disputes.

For institutional limited partners and prospective claimants, third-party rankings such as The Legal 500's Disputes Hub serve as a screening tool in a market where transparency around funder track records remains uneven. As US courts and rulemakers consider new disclosure requirements for litigation funding, market participants are increasingly looking to independent verification of funder credentials, capital strength, and case selection practices. The recognition adds to GLS Capital's external profile during a period of broader institutional consolidation in commercial litigation finance.

Counsel Financial Closes $30 Million+ Succession Financing for Plaintiff Firm

By John Freund |

Counsel Financial has originated a financing transaction worth more than $30 million to support an internal succession plan at a plaintiff-side law firm. The capital is structured to enable the orderly transfer of ownership from the firm's existing partners to the next generation, with the deal collateralized by a portfolio of single-event personal injury matters.

According to Newswire, the transaction was funded by a large alternative asset manager and represents a specialized application of litigation finance to law firm continuity planning. Rather than financing a single case or open caseload, the deal monetizes the firm's existing inventory of personal injury claims to generate liquidity for a planned ownership transition.

Succession financing has emerged as a quieter but increasingly active corner of the litigation finance market. Plaintiff firms with mature partnerships and substantial pending dockets often face significant friction when senior partners look to retire or reduce their stakes — particularly where state ethics rules limit the use of outside capital. Specialty lenders such as Counsel Financial have responded by structuring transactions that draw on case portfolios as collateral, allowing firms to fund partner buyouts without ceding control to non-lawyer investors.

For plaintiff-side practices grappling with generational turnover, deals of this scale offer a model for preserving firm independence while accessing institutional capital. The transaction also underscores the deepening role of alternative asset managers in funding the operational and ownership structures of plaintiff law firms, well beyond traditional case-by-case funding.