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Reformers Warn UK Government Inaction on PACCAR Reversal Threatens Litigation Funding Integrity

By John Freund |

Frustration is mounting over the UK government's failure to act on reversing the Supreme Court's 2023 PACCAR decision, with former members of the body that reviewed litigation funding warning that prolonged delay is damaging the market and eroding Britain's standing as a global dispute-resolution hub. Nearly three years on from the ruling, no corrective legislation has materialized.

As reported by the Law Society Gazette, Nicholas Bacon KC and Dr John Sorabji, both former members of the Civil Justice Council's working party on litigation funding, voiced sharp disappointment at the lack of progress. Bacon called the inertia "terribly frustrating" and warned that delay leaves cases trapped in satellite litigation, while Sorabji said the 14-month wait was incomprehensible given the urgency the CJC's report stressed and the ongoing market uncertainty.

The PACCAR ruling reclassified many litigation funding agreements as damages-based agreements, potentially rendering them unenforceable and triggering a wave of disputes over existing arrangements. The Civil Justice Council's review recommended urgently reversing the decision through retrospective legislation, a recommendation the government accepted, alongside a December 2025 pledge from courts minister Sarah Sackman KC to clarify that funding agreements are not damages-based agreements.

Yet no bill has emerged, and the King's Speech contained no provisions on the issue, with employment minister Kate Dearden recently citing the complexity of the review as justification for further time. Reformers warn that continued inaction risks pushing funded cases and investment toward rival jurisdictions, jeopardizing the UK's competitive advantage in international dispute resolution.

Balance Legal Capital Backs £2 Billion Collective Claim Against Booking.com Over Hotel Pricing

By John Freund |

Booking.com is facing a planned £2 billion collective action in the UK's Competition Appeal Tribunal over the pricing provisions in its contracts with hotels, in a claim financed by litigation funder Balance Legal Capital. The case is the latest example of third-party capital powering large-scale, opt-out consumer claims against major technology platforms.

As reported by MLex, the proposed claim will be brought before the Competition Appeal Tribunal on behalf of millions of UK consumers, with proposed class representative Chris Warner alleging that buyers have systematically overpaid for hotel and travel accommodation. Total damages are estimated at more than £2 billion, and the claim is expected to be filed at the tribunal soon.

At the heart of the case are the pricing provisions in Booking.com's agreements with hotels, which the claim contends harmed consumers by inflating the prices they paid. Such "price parity" arrangements have drawn sustained competition-law scrutiny across Europe, providing a foundation for follow-on damages claims of the kind now taking shape in the UK.

The case underscores the central role litigation funders continue to play in the UK's collective proceedings regime, where the scale and cost of opt-out claims make outside capital essential. Balance Legal Capital's backing allows a single representative to pursue redress on behalf of millions of consumers who could not realistically litigate individually. The filing also lands amid intensifying debate over the future of funded collective actions in Britain, as reformers press the government to restore certainty to litigation funding agreements in the wake of the PACCAR ruling.

Senior Indian Advocate Backs Formal Recognition of Litigation Funding, but Rejects Lawyer Success Fees

By John Freund |

As India weighs how to modernize the financing of disputes, senior advocate Mahesh Agarwal has staked out a clear position: third-party litigation funding should be formally recognized, but lawyers should not be permitted to take a financial stake in the cases they handle. His comments add a prominent voice to a growing debate over how far India's legal market should go in embracing outside capital.

As reported by Bar and Bench, Agarwal drew a sharp distinction between third-party funding and lawyer participation in outcomes. While supportive of recognizing litigation funding as a legitimate, separate mechanism, he firmly opposed success fees for attorneys, saying, "a lawyer or a law firm getting involved or taking a stake in the litigation, I think we are not that mature as of now."

His concern centers on professional integrity, with Agarwal arguing that India's legal system is not yet equipped to manage arrangements in which attorneys profit directly from the results they secure for clients. The distinction mirrors the approach taken in several jurisdictions that permit third-party funding while restricting contingency-style lawyer compensation.

Agarwal also voiced unease about the state of Indian arbitration, observing that it "has lost respect" amid mounting delays and challenges, and suggested mediation may prove more effective for resolving commercial disputes. He further criticized "no order as to costs" practices that allow parties to litigate without financial consequence, encouraging prolonged and frivolous disputes. Taken together, his remarks frame litigation funding as a tool that could strengthen access to justice in India, provided it is introduced with appropriate guardrails.

Rocade CEO Says Law Finance Deal Is About ‘Choosing the Winners’ as Litigation Finance Matures

By John Freund |

Days after Rocade Capital announced its acquisition of fellow funder Law Finance Group, chief executive Brian Roth is framing the deal as a marker of a maturing asset class, one in which strategic combinations reflect strength rather than distress. The commentary offers a window into how industry leaders are reading a wave of consolidation now reshaping litigation finance.

As reported by Bloomberg Law, Roth characterized the transaction as evidence that "consolidation is a sign of a maturing asset class," drawing a sharp contrast with earlier deals in the sector. Much of the prior M&A activity, he suggested, stemmed from distressed situations that "look like maybe more of a foreclosure or wind down."

"This is the opposite, right?" Roth said. "This is choosing the winners." In his telling, the litigation finance market has reached a point where acquiring well-performing firms represents genuine sector growth, rather than the rescue of failing entities, a distinction he sees as fundamental to understanding where the industry is headed.

The combined platform, which has deployed more than $2.3 billion, positions Rocade to extend its reach beyond its traditional mass tort and contingency-fee niche into Law Finance Group's appellate, commercial, and single-case business. Roth's remarks come amid intensifying interest in litigation finance from institutional capital and a broader debate over how the sector should scale. As funders weigh their own growth strategies, his framing of consolidation as a sign of maturity, rather than weakness, is likely to resonate across a market still defining its trajectory.

New Jersey Bill Would Mandate Disclosure of Third-Party Litigation Funding Agreements

By John Freund |

New Jersey has joined the growing list of states moving to regulate third-party litigation funding, with an Assembly bill advancing that would require disclosure of funding agreements and impose substantive limits on funders' role and returns. The measure reflects mounting legislative interest in bringing transparency to a market that has largely operated outside formal oversight.

As reported by Shore News Network, Assembly Bill 2159 would require parties in civil and administrative cases to disclose litigation funding agreements to the court for in-camera review within 30 days of filing or executing the agreement, whichever is later. The Assembly Financial Institutions and Insurance Committee advanced the bill with amendments on June 7, moving it forward for further consideration.

Beyond disclosure, the legislation imposes meaningful guardrails on funder conduct. Funders would be prohibited from influencing case decisions, settlement negotiations, or legal strategy, and could not provide legal advice or select attorneys. The bill caps a funder's share at no more than 25% of litigation proceeds and limits combined payments to funders and attorneys to 50% of any recovery absent explicit consent. It also bars the assignment or securitization of funding agreements.

The bill carries real enforcement teeth: violations would constitute unfair or deceptive practices under New Jersey's Consumer Fraud Act, agreements could be deemed unenforceable, and funders would become jointly liable for court costs and sanctions imposed on funded parties. The proposal adds New Jersey to a widening field of states, alongside recent action in Kansas and Illinois, testing how far funding regulation should reach.

Australian Court Holds Julian Wright’s Litigation Funders Liable for Billionaire Sister’s Legal Costs

By John Freund |

A Western Australian court has found the litigation funders who backed Julian Wright's failed fraud claim against his billionaire sister, Angela Bennett, liable for her legal costs, leaving the financial backers facing heavy losses. The ruling is a pointed reminder that funders who bet on high-stakes litigation can be left exposed when a case collapses.

As reported by Business News Western Australia, the dispute stems from Julian Wright's suit against Bennett and the estate of his late brother, Michael Wright, alleging the siblings concealed the true scale of the family's mining wealth and deprived him of millions in royalties. At the heart of the case was Wright's 1987 sale of his one-third stake in the family business for $6.8 million, two decades before a mining boom transformed the company's fortunes.

Wright's claim was dismissed, his bid for leave to appeal to the High Court was rejected, and he was ordered to pay his sister's legal fees. With Wright unable to satisfy that obligation, the court has now turned to those who financed his litigation, holding the funders responsible for Bennett's costs.

The decision underscores the downside risk inherent in litigation funding, particularly in non-recourse arrangements where funders absorb the cost of failure. For backers who anticipated substantial returns from a successful claim against a mining fortune, the outcome is a costly lesson in adverse-costs exposure, and a cautionary tale that will resonate with funders weighing speculative, high-value disputes.

Makate Seeks to Privately Prosecute Former Funders Claiming 40% of His Vodacom Settlement

By John Freund |

The dispute between Nkosana Kenneth Makate, the inventor of Vodacom's "Please Call Me" service, and his former litigation funders has escalated sharply, with Makate now seeking to bring criminal charges against the backers who claim a 40% share of his settlement. The move marks a dramatic turn in a saga that has placed the validity of a litigation funding agreement at its center.

As reported by MyBroadband, Makate is seeking a *nolle prosequi* certificate from the National Prosecuting Authority, a document that would clear the way for his legal team to privately prosecute his former funders. The certificate is typically issued when the state declines to pursue criminal charges, enabling a private party to take the matter forward.

The escalation builds on Makate's civil challenge to a November 2011 funding agreement under which Black Rock Mining, a vehicle associated with businessman Errol Elson, asserts entitlement to 40% of any Vodacom recovery. Makate has argued the company "never existed, except on paper," lacked the capacity to fund his litigation, and that the arrangement amounts to fraud, allegations the funders dispute as they press their claim to the proceeds.

By pursuing criminal as well as civil remedies, Makate is intensifying pressure on his former backers and raising the stakes in a closely watched fight over funder conduct and capacity. The outcome could carry significant implications for how South African courts scrutinize litigation funding arrangements when long-delayed claims finally yield substantial recoveries.

Record Court Backlogs Are Reshaping the UK Legal Expenses Insurance Market, Report Finds

By John Freund |

Mounting delays across the UK's civil courts and employment tribunals are forcing a rethink in the legal expenses insurance sector, according to a new report that warns extended claim lifecycles are driving up costs and straining a market that underpins access to justice for millions. The findings carry implications for the broader litigation funding and after-the-event insurance ecosystem.

As reported by Insurance Business, the *Insuring Justice* report, produced by legal expenses insurer ARAG and The Purpose Coalition and presented at the House of Commons on June 8, highlights a sector that protects more than 10 million households and millions of businesses across the UK. The report documents court delays that have reached critical levels, with small claims now averaging 40.6 weeks to trial and multi-track cases 62 weeks, both well beyond pre-pandemic timelines, and claimants in some regions waiting nearly three years.

Employment tribunals face even sharper pressure, with caseloads in England and Wales reaching 68,192 by January 2026, a 50% annual increase, as new claims approached 50,000 while disposals fell by nearly 20%. Those extended timelines translate into higher defence costs, greater reserve uncertainty, and increased exposure for employers, particularly small businesses without in-house legal resources.

The report urges a shift toward early intervention, noting that most policies provide telephone legal advice before disputes escalate to formal proceedings. ARAG's chief executive called for government partnership to expand early legal advice and ease pressure on a system whose delays increasingly shape the economics of insuring, and financing, litigation.

Funded by LitFin, More Than 20 European Publishers Seek €640 Million from Google Over Adtech Abuse

By John Freund |

A coalition of more than 20 European news publishers is pursuing Google for roughly €640 million (£552 million) in damages over alleged abuses in its advertising technology business, in a grouped claim financed by Prague-based litigation funder LitFin. The action illustrates how third-party capital is enabling smaller media players to band together and take on one of the world's largest technology companies.

As reported by Press Gazette, the publishers span eight countries, including the Czech Republic, Estonia, France, Hungary, Finland, the Netherlands, Poland, and Sweden. The claim follows the European Commission's €2.95 billion fine against Google, which found that the company abused its dominant position by favoring its own AdX exchange over rivals in both publisher ad-server services and programmatic buying tools.

LitFin is financing the litigation on a non-recourse basis, absorbing the costs if the claim fails and taking a share of any damages awarded if it succeeds. The funder's chief operating officer framed the collective approach as a way to level the playing field, noting that "by bringing a grouped claim, we can utilise efficiencies of scale to make this kind of action available to smaller players across Europe."

The European claim is part of a widening global front against Google's adtech practices, with U.S. publishers pursuing parallel litigation in federal court. For the litigation finance industry, the case underscores funders' growing role in aggregating dispersed commercial claims into viable, large-scale actions, particularly in the wake of regulatory findings that supply a ready foundation for follow-on damages.

Nonprofit Milestone Foundation Forms Advisory Council to Champion ‘Simple Interest’ Litigation Funding

By John Freund |

The Milestone Foundation, a western New York nonprofit that bills itself as the country's only organization dedicated to litigation funding for plaintiffs, has assembled a new advisory council to advance its mission and promote a funding model built on simple, non-compounding interest rates. The move marks an effort to position nonprofit funding as an alternative to the high-cost consumer products that have drawn regulatory scrutiny.

As reported by Law.com, the Buffalo-based foundation unveiled a multi-disciplinary council spanning the full litigation ecosystem, drawing together professionals from across the plaintiff, finance, and legal services landscape to guide its work and broaden its reach.

Founded in 2016 by John and Amy Bair, the Milestone Foundation operates as a 501(c)(3) nonprofit and offers pre-settlement funding at 15% simple interest and post-settlement funding at 10% simple interest, with interest that never compounds. Like commercial consumer legal funding, its advances are non-recourse, meaning plaintiffs owe nothing if their case is unsuccessful. The foundation says it has provided more than $6 million in funding to over 900 plaintiffs in partnership with more than 320 law firms nationwide.

The council's formation comes amid intensifying debate over how consumer legal funding should be priced and regulated, exemplified by recent state legislation such as the Kansas Transparency in Consumer Legal Funding Act. By emphasizing transparent, simple-interest terms, the foundation is staking out a distinct position in a market often criticized for opaque and compounding charges, offering a model that supporters argue better aligns funding costs with plaintiffs' interests.

Singapore Court Declines to Revive $14 Million Third-Party Funding Cost Recovery Bid

By John Freund |

A Singapore court has affirmed an arbitral award denying a successful litigant's attempt to recover more than $14 million in third-party funding costs, reinforcing the principle that funding expenses are generally not recoverable from the losing side. The decision offers important guidance for funded parties weighing the economics of dispute resolution in one of Asia's leading arbitration hubs.

As reported by Law360, the dispute arose from an arbitration over control of a fintech joint venture. The prevailing party sought reimbursement of the substantial fees it had paid to its litigation funder, arguing those costs should be shifted to its opponent as part of the award.

The court rejected that argument, characterizing the funding expense as "simply the product of a risk any party engaged in dispute resolution takes." By framing the cost as an inherent risk of pursuing a claim rather than a recoverable disbursement, the court declined to allow the funded party to pass its financing burden to the other side.

The ruling underscores a recurring tension in funded disputes: while third-party funding can make claims viable, the cost of that capital typically remains with the party that engaged the funder, even in victory. Counsel in the matter included Providence Law Asia, Rajah & Tann, and Duxton Hill Chambers, with the proceedings tied to the Singapore International Arbitration Centre. For funders and funded parties alike, the decision is a reminder that recovery of funding costs cannot be assumed and must be carefully assessed when structuring the economics of a case.

Illinois Moves to Restrict Private Equity and Hedge Fund Control of Law Firms

By John Freund |

Illinois has joined a growing list of states moving to rein in non-lawyer ownership and control of law firms, advancing legislation that restricts the influence of private equity, hedge funds, and outside investors over legal practice. The measure reflects mounting concern that capital-driven ownership structures, closely related to litigation finance, could compromise attorney independence.

As reported by Crain's Chicago Business, House Bill 5487 places new limits on alternative business structures (ABS) and management services organizations (MSOs). The bill prohibits non-lawyers and outside investors from interfering with attorneys' professional judgment, accessing client records, hiring or firing lawyers, or charging fees tied to a firm's revenues or profits. Firms must also disclose any MSO or ABS arrangement to their clients.

Rather than banning the structures outright, the legislation significantly curtails non-lawyer involvement in firm operations and decision-making. The bill drew an unusual coalition, with both the Illinois Trial Lawyers Association and Illinois Defense Counsel backing it, alongside State Rep. Jay Hoffman and House Speaker Emanuel "Chris" Welch.

Supporters framed the measure as a response to rising private equity and venture capital involvement in civil litigation, drawing explicit parallels to third-party litigation funding arrangements that finance cases in exchange for a share of recoveries. Illinois follows California and Colorado in tightening ABS rules, amid criticism that Arizona's permissive regime has allowed non-lawyer-owned firms to manage mass tort caseloads while funded through attorney-fee percentages. The trend signals growing legislative resistance to investor control of the litigation process.

The Case for Nonlawyer-Owned Firms: Filling Consumer Justice Gaps Left by Big Law

By John Freund |

As states such as Illinois move to restrict non-lawyer ownership of law firms, defenders of alternative business structures are pushing back, arguing that ABS models expand access to justice for consumers and small businesses that traditional firms have little economic incentive to serve. The debate goes to the heart of how technology and outside capital should reshape the delivery of legal services.

As reported by Bloomberg Law, Matt Freund, co-founder and chief executive of Arizona ABS-licensed firm ClaimsHero, contends that conventional firms lack the incentive to handle consumer protection and wage-theft claims where clients cannot afford hourly billing. ABS firms, he argues, combine legal expertise with technology to operate on contingency at scale, serving more than 100,000 clients at no cost to consumers through automated onboarding, eligibility screening, and client communication.

Freund counters concerns that non-lawyer ownership weakens oversight, asserting that ABS firms face stricter regulation than traditional practices. Entity-level licensing, he notes, creates firm-wide accountability, with semi-annual audits, biennial renewals, compliance-attorney requirements, and the risk of firm-wide suspension for ethics violations. He cites a 2025 Stanford Law School study finding that 85% of Arizona ABS firms target individual consumers and that there was "de minimis evidence of consumer harm."

To address skeptics, Freund recommends entity-level regulation, feedback mechanisms, ownership transparency, and governance safeguards for attorney independence as a template for other states. The argument offers a direct counterpoint to the restrictive measures gaining traction in statehouses across the country.

Op-Ed Urges New York to Close the ‘Champerty Loophole’ Exploited by Litigation-Funding Hedge Funds

By John Freund |

A new opinion piece is pressing New York lawmakers to close what the author calls a "champerty loophole," arguing that gaps in the state's centuries-old prohibition on financing others' lawsuits have allowed hedge funds and litigation funders to profit from the court system. The commentary adds to a broader policy debate over how, and whether, third-party litigation funding should be constrained.

As reported by the New York Daily News, the author contends that most New Yorkers have never heard of the champerty doctrine, yet its weakened application has helped turn the state's courts into what the piece describes as a playground for well-capitalized financial actors. Champerty, historically, refers to an arrangement in which an outside party funds litigation in exchange for a share of the proceeds, a practice long disfavored under New York law but now widely worked around.

The op-ed argues that the current framework permits hedge funds and litigation funders to bankroll claims for financial return while escaping meaningful regulation, raising concerns about the influence of outside capital over litigation strategy and outcomes. The author calls on the legislature to tighten the rules and restore limits the doctrine was originally designed to impose.

The piece lands amid intensifying scrutiny of third-party litigation funding nationwide, from federal disclosure proposals to state-level efforts to regulate consumer funding and non-lawyer ownership of law firms. As New York weighs its approach, the champerty debate underscores the enduring tension between expanding access to the courts and guarding against the commercialization of litigation.

Litigation Funder Rocade Capital Acquires Law Finance Group, Creating $2.3 Billion Platform

By John Freund |

Rocade Capital has acquired litigation funder Law Finance Group LLC, the company announced Wednesday, combining the two firms into a platform with more than $2.3 billion in deployed capital. The deal marks a notable consolidation in a litigation finance market that continues to attract institutional interest as an emerging asset class.

As reported by Bloomberg Law, Arlington, Virginia-based Rocade Capital specializes in credit-style funding for mass tort and contingency-fee law firms. Law Finance Group brings a more diversified portfolio spanning appellate, commercial, and single-case investments. Financial terms of the transaction were not disclosed.

The acquisition broadens Rocade's reach well beyond its traditional mass tort niche. By absorbing Law Finance Group's book of business, Rocade gains exposure to additional practice areas and case types, positioning the combined firm to compete across a wider segment of the funding landscape.

Rocade Chief Executive Officer Brian Roth framed the transaction as a growth opportunity. "This is a great opportunity for us to grow and that's why we're bringing on the whole team and the whole portfolio," Roth said, indicating that Rocade retained Law Finance Group's personnel as well as its existing investments.

The deal reflects a broader pattern of consolidation within litigation finance, which Bloomberg Law characterized as "a niche but growing asset class." As funders scale their balance sheets and diversify across case types, combinations of this kind may become increasingly common, allowing established players to deepen their capital base and expand the range of claims they can support.

Second Circuit Denies Burford Rehearing in YPF Case, Leaving Supreme Court as Last Resort

By John Freund |

The U.S. Court of Appeals for the Second Circuit has declined to reconsider its ruling in favor of Argentina in the long-running YPF expropriation dispute, dealing another blow to Burford Capital's effort to enforce what had been the largest judgment in American legal history. The decision leaves the litigation funder with only a narrow path to the U.S. Supreme Court.

As reported by the Buenos Aires Herald, the appellate panel earlier vacated U.S. District Judge Loretta Preska's first-instance award, which had ordered Argentina to pay roughly $16 billion to former shareholders of the state-owned oil company over its 2012 nationalization of YPF. Applying Argentine law, the panel found the shareholders' claims inadmissible. Burford's petition for rehearing has now been rejected, and the company has approximately 90 days to seek Supreme Court review.

On its Q1 2026 earnings call, Burford characterized the panel's reasoning as "quite weak" and noted that Judge Preska carried an unusually low reversal rate. Chief Executive Officer Christopher Bogart emphasized that the accounting impact was entirely noncash: the firm recorded a substantial write-down of the YPF asset's carrying value while still booking more than $100 million in cumulative cash profit on the investment.

Rather than rest its hopes on a Supreme Court petition, Burford signaled it will press its claims through bilateral investment treaty arbitration. Bogart noted that 86% of more than 50 investor cases brought against Argentina have produced pro-investor outcomes, framing arbitration as the more promising avenue for recovery.

Kansas Enacts Consumer Legal Funding Law, Offering a Bipartisan Regulatory Blueprint

By John Freund |

Kansas has adopted a comprehensive framework for regulating consumer legal funding, with Governor Laura Kelly signing the Transparency in Consumer Legal Funding Act, House Bill 2518, into law. Commentators have positioned the statute, which takes effect July 1, 2026, as a model for other states weighing how to oversee the fast-growing consumer funding sector.

As reported by the National Law Review, the measure passed unanimously in both chambers of the Republican-controlled legislature before earning the Democratic governor's signature, a rare show of bipartisan consensus on an issue that has drawn sharp debate elsewhere. The law defines consumer legal funding as a non-recourse transaction in which a company purchases a contingent interest in the proceeds of a legal claim, and it expressly states that such funding is not a loan and is not subject to lending laws.

The statute builds in extensive consumer protections, including a 10-business-day rescission period without penalty, plain-language contract requirements, full disclosure of all charges and the maximum repayment amount, and mandatory attorney acknowledgment. It also bars referral fees and kickbacks, prohibits misleading advertising, and restricts funding companies from influencing litigation decisions.

On transparency, the law requires disclosure of funding agreements upon request by parties and insurers while shielding attorney-funder communications from discovery. Supporters describe that balance as the statute's central achievement: protecting consumers through disclosure and accountability while preserving access to funding and safeguarding attorney independence, a template lawmakers in other states may look to replicate.

Administrator Probes Pre-Collapse Transfers at UK Litigation Funder Fenchurch Legal

By John Freund |

The administrator of UK litigation funder Fenchurch Legal is investigating a series of transfers that moved a large portion of the company's loan book and subsidiary shares in the days before it entered administration. The probe casts a spotlight on governance and asset-protection practices in the small-ticket litigation funding market.

As reported by the Law Society Gazette, Fenchurch Legal was incorporated in April 2020 and provided small loans to law firms handling high-volume claims, including housing disrepair, tenancy deposit, personal injury, and PCP car finance cases. At the time of its collapse, its loan book stood at roughly £16 million, financing about 9,500 claims.

According to the administrator's report, a substantial part of that loan book was assigned to subsidiary companies immediately before administration, and shares in seven subsidiaries were transferred the day before the appointment. Vincent A. Simmons was appointed administrator on April 1, 2026, following a High Court application by secured lender Lowry Trading over unpaid debt. The court rejected Fenchurch's challenge to that appointment on May 7.

The administrator is now examining the share transfers and loan-book assignments, as well as substantial payments the company made in the days immediately before his appointment. Creditors include Legaleze Ltd, owed £7 million, Mintos Marketplace at £933,000, and unsecured creditors of roughly £910,000, while Lowry Trading claims it is owed more than £4 million. The investigation underscores the heightened scrutiny facing funders whose models depend on high volumes of low-value claims.

The Growing Fight Over Discoverability of Third-Party Litigation Funding Agreements

By John Freund |

As third-party litigation funding becomes a routine feature of complex commercial disputes, courts and litigants are increasingly grappling with a threshold question: when, if ever, must funding agreements be disclosed to the opposing side? The answer remains far from settled, and the stakes for funders, plaintiffs, and defendants alike continue to rise.

As reported by Law.com, litigation has grown expensive enough that parties now routinely turn to outside funders to underwrite the cost of pursuing claims. That shift has prompted defendants to argue that funding arrangements are relevant to issues such as a funder's control over litigation strategy, potential conflicts of interest, witness bias, and the real party in interest, all of which, they contend, justify discovery of the underlying agreements.

Plaintiffs and funders counter that funding agreements are generally irrelevant to the merits of a claim and are often protected by work-product and attorney-client privilege. They warn that broad disclosure would chill access to capital, expose sensitive financial terms, and invite satellite litigation over collateral issues that have little bearing on the dispute itself.

The result is an uneven and evolving body of law, with outcomes varying by jurisdiction, forum, and the specific relief sought. For litigants on both sides, the analysis underscores the importance of structuring funding relationships with discovery risk in mind and of anticipating disclosure disputes before they arise, as the contours of when funding agreements must be produced continue to take shape across the courts.

New Twist in Makate ‘Please Call Me’ Saga as Former Funders Claim 40% of Vodacom Windfall

By John Freund |

The long-running dispute between Nkosana Kenneth Makate, the inventor of Vodacom's "Please Call Me" service, and his former litigation funders has taken a fresh turn, with the funders asserting an entitlement to 40% of any settlement Makate recovers. The clash places a litigation funding agreement, and the capacity of the party that signed it, at the center of one of South Africa's highest-profile compensation battles.

As reported by IOL, the contested arrangement traces to a November 2011 agreement under which Makate would retain 60% of any Vodacom recovery, with the remaining 40% going to Black Rock Mining, a vehicle associated with businessman Errol Elson. Black Rock maintains that it funded Makate's legal battle and intends to enforce its right to that 40% share.

Makate is now asking the Gauteng High Court to declare the funding agreement invalid or properly terminated. He argues that Black Rock "never existed, except on paper" and lacked the financial capacity to fund his litigation, alleging the company was deregistered from April 2014 until December 2020 and failed to meet its funding obligations. Makate says he personally carried the legal costs from January 2015 onward.

He further contends the arrangement amounts to fraud, citing Black Rock's alleged inability to perform, its failure to deposit sufficient litigation funds, and its failure to indemnify adverse cost orders. The outcome will test how South African courts scrutinize funder capacity and the enforceability of funding agreements when a long-delayed claim finally yields a recovery.

Funded $125 Million Class Action Beats ANZ in New Zealand as Bank Appeals CCCFA Ruling

By John Freund |

A litigation-funded class action has secured a landmark ruling against ANZ Bank New Zealand, with the High Court finding the bank breached the Consumer Credit and Consumer Finance Act and exposing it to an estimated $125 million in liability. The case stands as a striking example of how third-party funding can enable individual borrowers to take on a major financial institution, even one that lobbied Parliament to change the law.

As reported by LawFuel, Justice Geoffrey Venning ruled on May 4, 2026, that a coding error in ANZ's systems between May 2015 and May 2016 produced inaccurate loan variation letters that failed to account for accrued interest. Applying strict-liability principles, the court ordered refunds to representative plaintiffs and estimated total exposure across roughly 17,000 affected customers at about $125 million.

The proceeding would "almost certainly never have reached the courtroom" without backing from funders LPF Group and CASL Management, the report notes. The litigation also helped establish that common fund orders, which spread funding costs across all class members, are permissible in New Zealand, an important precedent for future collective actions.

After discovering its breach, the New Zealand Bankers' Association mounted an intensive lobbying campaign for amendments that would have retrospectively softened the legal standard, naming the class action directly. Parliament's Finance Committee received 1,543 opposing submissions against just 15 in support and ultimately exempted existing proceedings. ANZ has appealed, arguing the consequences are disproportionate, while ASB settled a larger related class action for $135.6 million in October 2025.

Omni Bridgeway Unveils Pro Bono Recycling Fund for Migrant Domestic Workers and Backs iyO in High-Profile IP Suit Against OpenAI, Altman, and Jony Ive

By John Freund |

Omni Bridgeway has moved on two distinct fronts in recent weeks, pairing a first-of-its-kind pro bono disbursement facility for migrant domestic workers in Asia with a high-profile commercial commitment to fund iyO Inc.'s intellectual property and trade secret suit against OpenAI, Sam Altman, and Sir Jony Ive. Taken together, the announcements showcase the breadth of the ASX-listed funder's pipeline — from access-to-justice initiatives at one end to flagship technology disputes at the other.

According to a joint Omni Bridgeway announcement, the funder has partnered with Hong Kong–based NGO Justice Without Borders to launch a "recycling" disbursement fund that covers court fees, expert reports, translation services, and court-ordered security for costs deposits in cross-border employment claims brought by migrant domestic workers across Hong Kong, Singapore, Indonesia, and other jurisdictions where JWB operates. The structure is designed so that recoveries are routed back into the facility, allowing each dollar of capital to support multiple claims over time. JWB executive director Celine Chan framed the initiative around the principle that "justice should not stop at a border or depend on ability to afford court fees," while Omni Bridgeway's Mitchell Dearness said the facility "fills a critical gap by covering costs that pro bono representation alone cannot address." The fund's headline commitment was not disclosed.

On the commercial side, according to a PR Newswire announcement from iyO, Omni Bridgeway is now backing iyO's federal litigation against OpenAI, Sam Altman, Jony Ive, io Products Inc., and former io co-founder Tang Yew Tan in the U.S. District Court for the Northern District of California (Case No. 25-cv-04861-TLT). iyO, a Google X spinout developing screenless, voice-controlled ear-worn devices, alleges trademark infringement of its federally registered "IYO" mark and trade secret misappropriation under both the California Uniform Trade Secrets Act and the federal Defend Trade Secrets Act over OpenAI's use of the "io" brand and the conduct of the io team after its acquisition. U.S. District Judge Trina L. Thompson granted a preliminary injunction in April 2026 finding iyO "likely to succeed on the merits of its trademark claim," after the Ninth Circuit affirmed an earlier temporary restraining order in December 2025. Trade-secret claims were added in March 2026.

For Omni Bridgeway, the two announcements land at a moment when public-market funders are working to demonstrate both portfolio breadth and capital efficiency to investors and clients. The recycling fund extends the firm's brand into access-to-justice territory long associated with NGOs and pro bono law firms, while the iyO matter places it directly into the most closely watched generative-AI dispute on the docket — a posture that allows Omni Bridgeway to argue, simultaneously, that litigation finance can democratize cross-border employment claims and underwrite the bet-the-product cases that define the next era of technology competition.

Litigation Capital Management Extends Northleaf Covenant Waiver to June 30, Flags Material Case Write-Downs

By John Freund |

AIM-listed litigation funder Litigation Capital Management has secured a one-month extension of its debt covenant waiver from senior lender Northleaf to June 30, 2026, while disclosing negative developments in two case investments and warning that material write-downs will be reflected in upcoming financial statements.

According to a Litigation Capital Management regulatory announcement, the waiver continues on existing terms, with interest on the Northleaf facility remaining elevated by 2.00 percentage points per annum and no additional waiver fee charged. The two affected investments account for approximately A$9 million in invested capital between them; LCM did not identify the specific funded matters but said the negative outcomes will require material write-downs in its forthcoming results.

The funder added that the strategic review initiated in September 2025 remains ongoing and that the waiver extension reflects Northleaf's "ongoing support while LCM works towards a long-term resolution of its capital position." LCM's London-listed shares fell roughly 13% on the news.

The update is the latest in a sequence of capital-stack adjustments and adverse case developments that have weighed on LCM since late 2025, and reinforces the operating reality that publicly traded funders face: portfolio-level returns can be overwhelmed at the equity line by a small number of high-conviction matters that resolve adversely. With the waiver now tied to a June 30 deadline, the next four weeks are likely to determine both the contours of the strategic review and the terms of any new lender arrangement.

Trade Press Revisits How Litigation Funding Became Entangled in U.S. Meat Industry Antitrust Battles

By John Freund |

The U.S. meat industry trade press has stepped back to examine how third-party litigation funding became central to the multi-year wave of antitrust cases against Tyson Foods, Pilgrim's Pride, and other major packers, with Burford Capital's funding of Sysco's protein price-fixing claims serving as the defining storyline.

As reported by Meatingplace, Sysco and Burford entered a Capital Provision Agreement under which the funder invested approximately $140 million from 2019 onward to back Sysco's direct-purchaser antitrust cases in beef, pork, chicken, and turkey. The relationship later fractured when Sysco moved to settle several matters at values Burford regarded as far below their merit-driven worth, leading to arbitration, the assignment of Sysco's remaining claims to Burford-affiliated vehicle Carina Ventures, and a high-profile Seventh Circuit ruling earlier this year that allowed Burford to challenge a $50 million Sysco settlement in the broiler chicken docket.

The feature traces how the dispute reshaped procurement-side antitrust strategy across the protein sector, with Sysco at one point accusing Burford in court filings of turning the federal docket into a "casino" in which the funder could veto rational settlement decisions made by the underlying claimant.

For litigation funders, the retrospective is notable less for new disclosures than for the audience it reaches — a trade publication whose readership is the corporate procurement and operations community now thinking about whether to bring, settle, or finance their own antitrust recoveries against the same packer defendants in the years ahead.

DOJ Probe of Reid Hoffman Nonprofit That Funded E. Jean Carroll Civil Suits Puts Outside Legal Funding in the National Spotlight

By John Freund |

The U.S. Department of Justice's criminal probe of American Future Republic, a Chicago-based nonprofit run by LinkedIn co-founder and Democratic donor Reid Hoffman that helped pay for E. Jean Carroll's civil litigation against Donald Trump, has become the highest-profile public test in months of how American legal and political institutions handle outside funding of high-stakes litigation.

As reported by CBS News, 2020 tax filings show American Future Republic provided roughly $7 million to Kaplan Hecker & Fink, the firm representing Carroll, with the U.S. Attorney's Office for the Northern District of Illinois reportedly examining potential money laundering, conspiracy, and obstruction theories. U.S. Attorney Andrew Boutros publicly disputed the framing, stating that "the Chicago U.S. Attorney's Office can confirm that it has not opened — and has never opened — a criminal investigation into E. Jean Carroll," signaling that any inquiry is focused on the funding rather than the underlying claimant.

Carroll initially did not disclose the outside funding during her deposition, but a federal appeals court later concluded she "simply was not involved" in the funding arrangements and had "plausibly represented" that she had forgotten about them, ruling the funding disclosure irrelevant to the case's merits. Hoffman has said publicly that his support began after the lawsuits commenced and that Carroll's case required backing because she faced "someone who was so much more wealthy and powerful."

For the litigation funding industry, the matter raises the political salience of third-party support for civil claims at a moment when both Congress and several state legislatures are weighing TPLF disclosure regimes, with critics likely to cite the case as evidence for transparency rules and supporters likely to point to the appeals court's reasoning that funding details are usually irrelevant to the merits.

WHY LITIGATION FUNDERS WIN OR LOSE OPPORTUNITIES BEFORE CASE REVIEW BEGINS

By Eric Schurke |

The following piece was contributed by Eric Schurke, CEO, North America at Moneypenny.

In litigation finance, firms often believe they win or lose opportunities based on the quality of their analysis, the strength of their capital position, or the sophistication of their investment strategy.  But, in reality, that decision is often made much earlier.

It happens during the very first interaction; the first inquiry, the first call, the first exchange of information between a claimant, law firm, or referrer and the funding team. Long before a case is reviewed in detail or due diligence begins, impressions are already forming around responsiveness, professionalism, clarity and trust.

And yet, across much of the industry, first contact is still treated primarily as an administrative process rather than a strategic one.

First contact shapes confidence

Litigation finance is fundamentally relationship driven. While analytics, modelling and case assessment are all critical, trust remains central to every funding decision and every long-term partnership.

Over the years, I’ve seen that first contact is rarely neutral. A prompt, thoughtful response signals professionalism, organization, and confidence, while slow follow-up or fragmented communication can quietly introduce doubt even when the underlying opportunity is strong.

Potential claimants and law firms may not always articulate those impressions directly, but they absolutely act on them.

At Moneypenny, we often see this when new legal and professional services clients come to us after experiencing missed calls, delayed responses, or inconsistent handling of inbound inquiries that have already cost them opportunities. In many cases, the issue is not capability. The organization may be highly experienced and commercially strong, but the experience at first contact simply failed to reflect that at the moment it mattered most.

That is why first contact should not be viewed as operational admin alone. It is the beginning of the relationship, and increasingly, a competitive differentiator.

The hidden cost of inconsistent intake

One of the biggest operational challenges within litigation finance is inconsistency in how inbound opportunities are handled.

Inquiries arrive through multiple channels; law firm referrals, direct claimant inquiries, email introductions, website forms, conferences, and professional networks. Information is often captured differently depending on who receives it, while ownership and follow-up responsibilities can quickly become unclear.

From the outside, that creates a fragmented experience. Internally, it slows evaluation, introduces inefficiencies, and increases the likelihood of missed opportunities or incomplete information at the earliest stages of review.

The most effective organizations bring structure and clarity to this process. They define what information needs to be captured at first contact, how it should be recorded, and how opportunities move efficiently through the pipeline.

But importantly, they do this without losing the human element.

Structure creates consistency. People create trust. And in litigation finance, both matter.

Responsiveness matters but so does judgment

There is understandably a strong focus across the sector on speed. Opportunities move quickly, competition for high-quality matters is increasing, and firms want to accelerate triage and evaluation wherever possible.

But speed on its own is not enough. A rushed or overly transactional interaction can be just as damaging as a slow one, particularly when claimants or law firms are dealing with complex, high-stakes, or emotionally charged situations.

Equally, over-automation creates its own risks. Generic responses, unclear escalation pathways, or communication that feels impersonal can weaken trust very early in the relationship.

What matters is balance. 

In litigation finance, the value of first contact extends far beyond simply answering an inquiry. Early interactions often determine how efficiently opportunities are qualified, routed, and progressed, while also protecting valuable time for investment and legal teams by filtering out incomplete or non-viable matters early in the process.

At Moneypenny, we regularly see how structured intake and well-managed communication can improve responsiveness, reduce operational friction, and create stronger early-stage relationships with claimants, referrers, and law firms. Small improvements at this stage can have a significant downstream impact on both pipeline quality and overall efficiency.

In practice, that may mean using technology to improve responsiveness, consistency, and information capture, while ensuring experienced people remain central to judgment, relationship-building, and decision-making.

When that balance is right, the experience feels seamless rather than procedural.

Leadership shows up in the operational details

It is easy to think of leadership primarily in terms of investment strategy, growth targets, or market positioning. But in practice, leadership often reveals itself much earlier and in far smaller moments.

It shows up in what organizations prioritize, what they intentionally design, and what they refuse to dismiss as “just operational.” First contact is one of those moments.

When firms invest in structured intake, responsive communication, and the people responsible for handling those early interactions, the impact is tangible, not only in efficiency, but in stronger relationships, improved deal flow, and greater long-term trust.

The organizations that consistently stand out in litigation finance are not simply better at evaluating opportunities. They are better at demonstrating professionalism, clarity, and confidence from the very first interaction.

Because by the time formal case review begins, the first decision has often already been made.

Darrow Launches Portfolio Platform Letting Plaintiffs’ Firms Manage Litigation Like an Investment Fund

By John Freund |

AI-driven legal-risk company Darrow has launched a platform that lets contingency firms manage their dockets as investment portfolios, packaging case discovery, merits vetting, settlement-value forecasting, and live case tracking into a single dashboard explicitly modeled on asset-management workflows.

As reported by LawNext, the platform mines public data to surface potential matters, then layers analytics on comparable cases and exposure estimates so that firms — and the funders and insurers that back them — can underwrite portfolios with the same discipline applied to financial assets. Darrow says litigators using its tools have already surfaced roughly $22 billion in litigation-linked risk, including $10.3 billion of ERISA exposure tied to plans covering more than a million participants.

"Legal exposure doesn't announce itself. It builds quietly across industries," said Darrow co-founder and chief executive Evya Ben Artzi. The company, which has raised approximately $60 million across its rounds, including a $35 million Series B led by Georgian with participation from F2 Venture Capital, Entrée Capital, NFX, and Y Combinator, says it has been profitable for three years and now employs roughly 170 people.

For litigation funders, the launch reinforces a broader market shift toward standardized, data-driven case selection across both single-case and portfolio-funded engagements, particularly in mass tort, class action, and ERISA dockets where origination quality has historically lagged the analytical sophistication of the capital deployed.

New York Enacts Auto-Insurance Tort Reform Package, Tightening Damages Rules That Underpin Consumer Legal Funding Dockets

By John Freund |

New York Governor Kathy Hochul has secured a four-part auto-insurance and tort reform package as part of the state's FY27 enacted budget, marking what her office described as the most consequential overhaul of New York tort rules in a generation and one likely to reshape the economics of the state's personal-injury bar and the consumer legal funders that finance it.

According to the Governor's Office, the reforms cap damages payable to drivers engaged in criminal conduct such as drunk or uninsured driving, tighten the "serious injury" threshold to limit pain-and-suffering recoveries to objectively documented injuries, restrict mostly-at-fault drivers from recovering against other parties, and grant the Department of Financial Services expanded rate-setting authority, including a prohibition on basing premiums on homeownership, occupation, education, or zip code.

"No other Governor in a generation has taken on tort reform and walked away with a deal that will result in significant savings for New York consumers and businesses," Hochul said in a statement.

The package does not contain third-party litigation funding disclosure language, leaving New York's TPLF rules unchanged for the moment. Even so, the new caps and tighter injury thresholds are expected to compress settlement values across the state's high-volume auto bodily-injury docket — the same case mix that anchors a meaningful share of consumer legal funding portfolios serving New York plaintiffs. Industry observers will be watching closely for the law's effective date and DFS implementation timeline.

Tech, AI, and Litigation Capital Are Flipping the Plaintiffs’ vs. Defense Power Balance in U.S. Personal Injury Litigation

By John Freund |

A new analysis argues that the combination of artificial intelligence tooling and ready access to litigation capital is steadily reversing the historical resource advantage defense firms held over plaintiffs' lawyers in U.S. personal injury practice, with consequences likely to surface in higher verdicts and tighter insurer reserves.

As reported by Above the Law, columnist Stephen Embry highlights the rise of national plaintiffs' platforms such as Morgan & Morgan, which now staffs more than 1,000 lawyers across all 50 states and once filed roughly 25,000 lawsuits in a single week in Florida. Litigation finance, Embry writes, has neutralized the cash-flow disadvantage that historically constrained smaller plaintiffs' practices, while a generation of AI-native vendors — EvenUp for case management, Supio for document analysis, LawPro.ai for medical summarization, EsquireTek for discovery, and DemandPro for demand letters — is letting contingency firms operate at scale.

A Morgan & Morgan/LawPro.ai survey cited in the column found that more than 60% of plaintiffs' personal injury firms had already adopted and were scaling AI tools. Defense lawyer Frank Ramos, quoted in the piece, conceded that "defense firms…have been reluctant…to go all in on AI."

The article complements parallel reporting on private-equity and litigation-finance capital flowing into U.S. personal injury firms through management services organizations, reinforcing a thesis that capital and technology, deployed together, are quietly reshaping the underwriting math behind both PI plaintiffs' books and the insurance reserves arrayed against them.

Legal-Bay Extends Pre-Settlement Funding to Plaintiffs in Nationwide Sexual Abuse Litigation

By John Freund |

Consumer legal funder Legal-Bay has announced that it is providing non-recourse pre-settlement funding to plaintiffs pursuing sexual abuse claims against schools, religious institutions, youth organizations, healthcare providers, and employers, as a new generation of survivor-led suits continues to move through state and federal dockets across the United States.

According to PR Newswire, Legal-Bay is positioning itself as a dedicated funding partner for these matters, citing the prolonged timelines that sexual abuse cases typically follow and the financial strain plaintiffs often face while litigation is pending. The release referenced the cluster of clergy abuse claims that have driven several Catholic archdioceses into bankruptcy in recent years as a defining context for the current funding need.

"Sexual abuse cases require a high level of sensitivity, trust, and long-term commitment," said Legal-Bay chief executive Chris Janish. "Our pre-settlement funding programs are designed to support plaintiffs through what can be a very difficult legal process, giving them the financial stability they need while seeking justice."

The announcement marks the third Legal-Bay funding initiative publicized in roughly a week, following parallel outreach to AFFF firefighting foam and Depo-Provera plaintiffs. Taken together, the releases reflect the funder's continued push to align its consumer book around large, high-profile mass tort and institutional abuse dockets where settlement values are expected to develop over multi-year timelines.