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Pre-Settlement Legal Funding Fills a Major Financing Gap to Benefit Personal Injury Victims

The following piece is a contribution by Charles W. Price, CEO of Capital Now Funding, LLC The pre-settlement legal funding industry is often viewed in a negative manner by those outside of the industry, because settlement advances charge higher interest rates than traditional lending methods. The truth is, that without pre-settlement legal funding, those personally injured in accidents that were no fault of their own often do not have the financial means to properly care for themselves following a personal injury accident.  Therefore, pre-settlement legal funding plays a vital role by providing much-needed financial assistance for personal injury victims when they have no other options available to them. Added Expenses and Zero Income To fully understand the situation personal injury victims are going through, it is helpful to see things from their point of view. These victims have been injured due to another person’s negligence, to a degree in which they are unable to work and create income to support themselves and their families. In addition, they are now accumulating further expenses as a result of those injuries. The cost of physical therapy, follow-up doctor visits, and surgeries, can total thousands of dollars of additional costs for which the victim is now responsible. Even if the injured victim has health insurance, copays and deductibles are often more than they can afford in the event of an unexpected accident. Making matters worse, this costly ongoing care can be for an indefinite period of time, leaving injured victims with medical bills totaling more than they can afford.  As a result, injury victims are then faced with the choice of going into debt in order to receive proper healthcare or forgoing treatment altogether. Recent studies show that 69% of Americans have less than $1,000 in savings, and 45% of Americans have $0 in savings. Roughly 61% of Americans live paycheck to paycheck and do not have enough money to pay their bills if they cannot work for one week.  Injured victims seeking pre-settlement legal funding often face months of time away from their income. Data also shows that individuals with less savings statistically have the lowest credit scores in the nation, making options to borrow money from traditional methods such as a bank loan nearly impossible. Why Seek Pre-Settlement Legal Funding? Considering a typical personal injury victim’s situation and circumstances, pre-settlement legal funding is likely the only option available.  Also considering the additional benefits pre-settlement funding provides consumers, it is also a better option.  Most pre-settlement funding companies provide funding that is non-recourse, meaning that clients receiving funding only have to pay back the money advanced if a settlement is reached, and if there are sufficient funds remaining after paying off all other liens and attorney fees. The pre-settlement legal funding company takes on this risk as part of the funding agreement, which is advantageous to the personal injury victim. Selecting the Right Pre-Settlement Company Can Save Thousands of Dollars The most important aspect for an injured victim to consider when seeking pre-settlement funding is the wide variety of interest rates offered by different funding companies.  Many companies charge interest rates that compound or escalate at varying time intervals.  Depending on how long it takes the case to settle, the payoff can be considerably more than the cash advanced. This is why it is extremely important for the injured victims and their attorneys to select a pre-settlement funding company that results in the client receiving the most money possible when the case is settled. At Capital Now Funding, we offer pre-settlement funding for a one-time fixed fee with zero interest. Because our funding fees are fixed, our clients’ payoffs are fixed, no matter how long it takes their legal claim to settle. This keeps things simple and eliminates the possibility that a client’s payoff will increase. Choose Your Pre-Settlement Funding Company Wisely There are a lot of great pre-settlement funding companies to work with, but it is up to the client and his or her attorney to select the pre-settlement company that is in the client’s best interest. Because this choice can affect the amount of money the client walks away with upon settlement, we recommend thoroughly researching the chosen funding company and reading through as many reviews as possible before signing any agreements. Making a wise choice when partnering with a funding company will keep fees and interest low, and ultimately increase the amount of money a client receives at the end of a legal claim. About the Author Charles W. Price is Chief Executive Officer of Capital Now Funding, LLC, a nationwide provider of pre-settlement funding for personal injury cases. Capital Now Funding provides industry leading Fixed Fee funding with zero interest, which protects clients and preserves their ultimate settlement amount. For more information, you can contact Charles at cwprice@capitalnowfunding.com.

Should Judgement Enforcement Move In-House?

According to a recent Burford Capital survey, more than half of in-house lawyers say their company has awards and judgements that have remained uncollected—often to the tune of $20 million or more. That’s a staggering number of successful cases that go unfulfilled, from a collectability standpoint. The role of a judgment enforcement team is to advise clients and funders on the feasibility of collecting an award or judgement, and overcome a variety of obstacles that stymie or prevent a successful recovery. Asset tracing, collection of evidence (digital and documents), and intelligence gathering all fall under the purview of enforcement. Lawyers and researchers leading the team seek out actionable leads on debtors, then employ a strategy (or series of strategies) for collection, often across multiple jurisdictions. Earlier this month, Litigation Finance powerhouse Omni Bridgeway announced the launch of a US Judgement Enforcement arm. Omni already had the largest global judgement enforcement team with 50+ dedicated professionals, as well as a strong track record of success in global enforcement since 1986, spanning over 100 jurisdictions. The 2019 merger with IMF Bentham, which had maintained a US-presence under the banner of Bentham IMF, solidified Omni’s foothold in the US market. And this recent announcement further cemented the funder as an attractive option for litigation funding and enforcement in the United States. Burford Capital, another leader in third-party litigation funding, has maintained its own in-house judgement enforcement team since 2015. The recent high-profile Akhmedova divorce case generated a slew of headlines for Burford’s enforcement team, which combed jurisdictions as wide-ranging as London, Turkey and Dubai, in an effort to seize assets including the Luna: a superyacht valued at over $200 million (along with its Eurocopter and torpedo speedboat). From a litigation funder’s perspective, collectability is integral to the decision of whether to fund a claim. After all, there’s no ROI in simply winning a case.  Funders must therefore consider the collectability risk in every case they finance. Given this, we at Litigation Finance Journal wondered if Burford’s success and Omni Bridgeway’s recent expansion of its Judgement Enforcement division might foretell an industry trend. Will other funders start moving enforcement teams in-house? What exactly are the advantages of doing so, as opposed to working with third party enforcement firms? We did some investigating of our own to find out the answers. May the Enforcement Be with You Enforcement is a complex, laborious process, and comes on the heels of what is often a long, drawn-out legal proceeding. This enables defendants to deploy tactics simply meant to wear a plaintiff out. Many plaintiffs are keen to focus on growing their business, as opposed to the particular minutiae of asset tracing. Thus, debtors will go to great lengths to hide assets—sometimes legally, sometimes not so much—in the hopes a creditor isn’t up for arduous task of tracing those assets. The goal of judgement enforcement is to combine data-driven analysis with human experience and intelligence, to discover actionable insights with which to locate assets and ensure funds reach the deserving parties. This is often achieved by putting pressure on defendants, essentially by making it so cumbersome to continue to hide assets (also an expensive, complex process), that they simply opt to pay the judgment or award. Essentially, the job of an enforcement team is to make a defendant feel the way defendants often try to make plaintiffs feel—weary-eyed, and ready to throw in the towel. “Judgement enforcement can be an uphill battle,” explains one Omni Bridgeway rep. “Although we prefer to solve matters quickly, we are in it for the long run.” Since every case is bespoke, there is no playbook for how enforcement plays out. Typically, however, enforcement involves several key strategies:
  • Researching the historical behavior of the defendant (What types of claims did the defendant have previously? Did those claims go paid or unpaid? How did the defendant respond to prior enforcement actions, if any?).
  • Identifying a subset of jurisdictions where the defendant’s assets are located, and where enforcement measures can be used to collect those assets.
  • Structuring a multi-district, often cross-border enforcement and collection strategy.
  • Highlighting additional pressure points, outside of litigation, that can be leveraged to impel a defendant to make good on their debts.
Of course, with the proliferation of new technologies such as crypto and other blockchain-based innovations, the game is getting trickier, as more opaque avenues for shielding assets arise. Thus, the ability for an enforcement team to be nimble, flexible and adaptive is paramount. Much like a chess player anticipating her counter-party’s next move, a solid enforcement team must have both a plan of action in place, and an eagerness to break from that plan should the process lead in an unforeseen direction. Omni Bridgeway, for example, has assembled a robust team that can comfortably navigate a multitude of scenarios, comprising lawyers from diverse legal backgrounds, and researchers from a multitude of disciplines, including banking, science and economics. Bringing it In-House Third-party funders outsource an array of legal and financial services, including research, cultivating and preparing experts, Legal Tech development, and more. For some, especially smaller funders, it makes sense to outsource judgement enforcement as well. But for larger, more established funders and their clients —an in-house judgement enforcement arm offers numerous benefits:
  • A judgement enforcement team can be as valuable at the beginning of a case as it can after the case’s conclusion. Input from enforcement professionals can help determine the defendant’s ability to pay, which can then be used as a factor in whether or not to fund a specific case. If the case gets funded, this same information can be used when estimating a budget with a clear eye of what steps need to be taken to enforce a judgement.
  • An in-house enforcement team acts as a conversation partner for claimants and attorneys. Such teams are intimately familiar with the people and processes of the funders, case types, and workplace culture. This helps establish an internal knowledge base that can provide a seamless transition from one facet of the case to the next.
  • Multidisciplinary collaboration. In-house teams have the benefit of being able to rely not just on in-house legal resources from many jurisdictions, but also a research team with additional abilities and language skills, whose members can advise continuously on assets and asset movements, and enable the enforcement team to act quickly on opportunities if and when an asset is identified.
  • Litigation funding is an increasingly competitive business. When funders compete for clients, having a judgement enforcement division helps establish a funder’s commitment not just to the case, but to the final collection. Having an in-house enforcement team shows clients that the funder is able and willing to do the hard work necessary to trace assets and collect those unpaid judgments or awards.
One of the more overlooked benefits of an in-house enforcement team is its expansion of access to justice. While the enforcement team’s assessment of a defendant’s collectability risk can be used to eschew cases classified as high risk, it can also be leveraged in the opposite direction—to help funders finance cases that might otherwise appear too risky. In-house teams are intimately familiar with their organization’s risk appetite, and therefore can make recommendations to the investment committee based on the particulars of that specific appetite. The end result being that funders with in-house teams can finance cases that would otherwise go un-funded due to a high collectability risk. Omni Bridgeway has confirmed that it does have a specific appetite for enforcement or collectability risk. Having an in-house team with a deep understanding of that risk appetite benefits prospective clients, as the in-house relationship can help get their cases funded. Omni shared this summation of the benefits of having an in-house enforcement team: “Omni is a formidable ally to everyone involved, sharing in both the recovery and risk, and only getting paid its fee if real recoveries are made. That alignment of interests with clients means that once we step in, clients know we believe in their case and will only advise a strategy that directly increases the chances of recovery. For us, [enforcement] is our core expertise.” Looking Ahead  Two of the largest litigation funders have successfully created and maintained in-house judgement enforcement teams. While it’s hard to know what the future holds for this rapidly-evolving sector, it is possible this will set off a trend among large and medium-sized third-party funders, as competition for clients is fierce, and funders must do all they can to stay apace. This, in turn, is likely to aid not just the enforcement of awards—but case selection and how funds are deployed. As a rep from Omni points out, “The judgment enforcement capabilities do not just benefit clients with an existing judgment or award, they help us fund new ‘merits’ cases that might otherwise be considered too risky (because of a perceived collection risk), with the client knowing that the case is in safe hands from start to finish, should active enforcement be required.” We’re not in the business of prognosticating, so we won’t predict what the future holds. We will, however, point out that methodologies adopted by one funder can often become industry trends (portfolio funding, secondaries investment, and the push towards defense-side funding are all examples). It's been demonstrated that in-house judgement enforcement leads to increased client satisfaction, and—as third-party legal funding has always centered on—increased access to justice. After all, a favorable judgement has very little value if it remains uncollected. As such, a proliferation of in-house enforcement teams (should that indeed come to pass) will be a boon to clients, lawyers, and the funders who utilize them.

LegalPay Funds Brain Logistics, Seeking Hero MotoCorp Asset Recovery 

Two wheeler Hero MotoCorp is an Indian cycle manufacturer whose assets may be seized by India-based litigation funder LegalPay. LegalPay has invested an undisclosed amount in the Brain Logistics claim.  BusinessToday.in has the story, sharing the cat and mouse battle of Hero MotoCorp, which hired Brain Logistics services, but did not issue due payments. Brain Logistics took to India’s arbitration system to negotiate Hero MotoCorp’s contractual cash recovery. The head of  arbitration awarded Brain Logistics the victory, but MotoCorp wheeled past payment.  LegalPay now serves as third party funder to Brain Logistics, looking to recover cash or other receivables from Hero MotoCorp.

VISA, Mastercard Face Another Funded Class Action

Bench Walk Advisers is the latest funder to take on the card issuers for their alleged malfeasance, funding a class action lawsuit for anti-competitive behavior.  CommercialCardClaim.co.uk has the scoop, detailing alleged behaviors related to card issues and “multilateral exchange” fees charged to consumers. The European Commission and the European Court of Justice looked into the matter, issuing tighter controls on the spread between fees and consumer bank charges.  The UK Supreme Court has issued further guidance stating interchange fees should be zero. This means that Visa and Mastercard have forced fees from customer banks that were above the law. Harcus Parker Limited is representing the case, with third party capital investment from Bench Walk.

Anthony Berry to Head Sales at LIT.Fund 

Anthony Berry has joined LIT.Fund as Head of Sales and Co-Founder. With over 20 years of commercial litigation consultancy, Mr. Berry is a respected expert in international ATE and litigation investment business innovation. As head of sales, Mr. Berry will lead customer acquisition for LIT.Fund’s product and service offerings. LIT.Fund is in the process of launching the LFND token as a utility supporting legal, insurance, financial and property protocols in the form of smart contracts. LIT.Fund plans to simplify systems and processes related to legal compliance, transparency and security standards.       Mr. Berry is the founder of ATE Legal Ltd., a boutique access to justice consultancy. Additionally, Mr. Berry has served as a team member of some of the United Kingdom’s top litigation agencies. 

Sophisticated Construction Claim Portfolio Design  

The maturity of international litigation finance investment as a serious asset class, combined with new and innovative insurance solutions, is prompting the design of sophisticated litigation asset portfolio architectures. Construction companies are discovering symbiotic advantages by partnering with litigation financiers to aggregate multiple claim portfolios.  Pinsent Masons LLP recently featured guidance for building construction litigation finance portfolio frameworks, engaging insights from their 26 offices spanning four continents. Pinsent Masons urges construction litigation funders to find legacy relationships. Construction customers can benefit from reduced risk by increasing available cash flow, and portfolios can include dozens of claims at mid-range value, coupled with large arbitrations.  Industry CEOs understand the nature of construction litigation pressures on working capital. Contractors are incentivized to nurture a quality relationship with a third party funding partner.

2022 Media Spotlight, Probing Financial Crimes via Litigation Investment  

Over the next decade, legal scholars expect an increase in media covering high profile claims involving civil, commercial and financial fraud. A new study shows that more than 51% of cases involving corporate fraud and financial crimes are actively covered by media organizations. Research shows that high profile cases are being funded by sophisticated third party litigation funders, with 17% of companies reporting media scrutiny is to be expected during group legal action(s).  FTI Consulting’s recent 2022 “Resilience Barometer” study includes perspectives from over 3,000 business leaders, including top G20 CEOs, CFOs, COOs, CIOs as well as leading General Counsels. Between 27%-30% of compliance and strategy leaders in business today are concerned about media attention related to a wide range of financial frauds, spanning everything from tax evasion to environmental degradation. And 22% of respondents are planning regulatory investigations over the next 12 months.   FTI Consulting notes that in 2021, 89% of those surveyed planned on receiving claims to legal proceedings that are backed by litigation funders. North America, Europe and Asia litigation investors make up the bulk of high profile cases that are covered by major media outlets.  

AI and Litigation Finance Growth Forecast

Digital Journal has released a new research report that forecasts an uptick in growth for the artificial intelligence (AI) market, specific to litigation finance. Digital Journal outlines that a worldwide exchange of business intelligence is beginning to formulate new ways to engage litigation finance tools, products and services. Meanwhile, Digital Journal floats new concepts on possible strains AI may place on litigation investors, as the dog-eat-dog battle continues for market share.  The report, titled Global Artificial Intelligence in Litigation Funding Markets, offers further insight into a multiyear span, forecasting sales volume(s) between 2020 and 2026. The report provides an in-depth outlook of historical metrics relating to the current market environment. Digital Journal notes a special caveat to the report’s nature specific to artificial intelligence and litigation finance.   Those seeking a preview of the report can find one here.

Burford Capital Promulgates New $360M Advantage Master Fund

Burford Capital proudly announced a new $360M Advantage Master Fund. A move that is expected to mitigate risk reward potential for the litigation finance juggernaut. Burford’s CEO Christopher Bogart says that the new fund will serve as a structural stopgap facility. Bogart highlights Burford’s uptick in demand for litigation facilities in the middle range.  UK Investor Magazine reports that Burford Capital plans to utilize Average Master Fund proceeds to expand investment in pre-settlement litigation products and services. Burford anticipates the new fund’s internal rate of return (IRR) to range between 12-20%.  The structure of the new fund is an advancement from previous arrangements, according to Burford. Meaning that the fund's investors will receive a flat 10% annual return, with Buford capitalizing on any additional proceeds.   Buford’s CEO says his commensurate fee structure exceeds a factor of 13%.

2021: Burford Capital Posts $72M Loss and $1.1B in Commitments

Burford Capital’s group-wide commitments scored $1.1B in 2021 allocations. Meanwhile, net losses came to $72M for the year, a rather significant drop from 2020’s profit of $165M. Burford forecasted a 2021 loss range of $70-80M. The final figures are well in-line with industry expectations. The Law Society Gazette reports that even with 2021 global pandemic disruption(s), Burford managed $152M in total turnover, while 2020 saw $359M turnover.  Meanwhile, the firm calls attention to the ultimate legacy worth of its litigation portfolio, which is expected to generate robust value and shareholder return(s).  Burford’s 2021 operational revenue was $6M. Burford Chairman Hugh Wilson says with $239M in 2020 revenue, 2021’s data may read lower. However, with over $1.1B of ligation agreements booked in 2021, the firm is bullish on a bright future. Chairman Wilson went on to say that Burford generated ample cash flow(s) that exceeded expenditures during the term.   Buford announced an annual June dividend of 12.5c a share, subject to shareholder vote.    

The UK’s Rise of ‘No Win No Fee’ Payment Schemes

A poll of 200 law firm partners by third party investor Harbour reveals 90% are under pressure to cut costs and offer clients expanded billing agreements. The poll also shows that 80% of those surveyed are planning to employ no win no fee payment schemes, with 89% expected to engage litigation finance products as a solution.    CityAM.com reports that 40% of those surveyed expect to cut firm expenses, with 37% planning to do so through legal technology. As with any business, driving down costs to maintain revenue generation is smart. CityAM cites the creativity of litigation finance to help lower case investment costs on the balance sheet, with greater opportunity to increase revenues as portfolio assets mature.   CityAM also notes that law firms are tracking a near 2x increase in time to collect receivables. March 2020 figures show a 23-day payment window, which has now increased in 2022 to a payment window of 39 days.

Paris Court of Appeal on Third Party Funder Precedent

Tricky case law can creep in when least expected. With funders serving as members of the litigation team of advisors, some aim to include litigation investors as co-claimants. The Paris Court of Appeals approached one such instance citing the precedent that third party funders are subject to “exceptional circumstances” before being considered party to arbitration proceedings.  Paris’ Court of Appeals cites that just because a third party investor is involved in a case, this does not constitute exceptional circumstances.   Deminor Recovery Services (USA) Inc. profiles Senior Legal Counsel Mehdi Mellah’s take on the Paris Court of Appeals ruling. The argument is that if a third party funder is a co-claimant in arbitration, that does not necessarily translate to a ‘no’... However, it would take an exceptional scenario for the court to consider a circumstantial ‘yes’. Given the prevalence of third party funding in arbitration proceedings, those on the other side of the case are resorting to clever interpretations of case law as a defense mechanism.  With the fast pace and evolution of litigation finance, international arbitral organizations are updating arbitration rules and regulations. The guiding principle in altering arbitration rules appears to support greater transparency into litigation investor identities.  

The $300B Shock Verdict and Social Inflation  

A $300B damage award is serving as an example of shock verdicts driving the notion of social inflation. Preserving the ecosystem of litigation finance from shock verdicts is a priority for some in the industry.  Best Review’s monthly insurance magazine highlights the general trepidation of insurers being ‘on the hook’ for high dollar claims that are funded by third party litigation investors. There are those that argue obscene, high-dollar awards are a threat to the judicial system and therefore have the ability to diminish access to justice. Furthermore, litigation finance is blamed for insurance premium spikes–in some cases premiums have increased 25%.  The $300B shock verdict referenced above relates to trucking insurance. The award could potentially be the largest damages verdict in United States history. This, as the insurance industry has worked to clamp down on trucker insurance coverage. Best Review notes that insurance contracts for trucking operations previously allowed for $50M in coverage. Today, insurers have reduced many trucking insurance contracts down to only $1M coverage options.  Best Review references that savvy insurers continue to approach the problem of social inflation with a barrage of solutions, including lobbying dollars on tort reform. Overall, it would appear that insurers are targeting sophisticated third party investors who likely hold a variety of portfolios that include insurance claims.  

Elite Litigation Finance Firms 

Pretentious as it may sound, not all litigation finance institutions are created equal. A myriad of common denominators between individual litigation investors tell a story of winners and losers upon close inspection. Just like every other industry, when choosing a litigation funder, quality can be found in industry rankings. That said, there are rankings for top litigation finance firms and also rankings for elite litigation finance firms. The differences between the two terms commonly relate to size rather than overall quality.   Case Works has collated a list of respected litigation funders with exceptional track records with a drive to lead regional rankings. When facing unique legal challenges, oftentimes it can be advantageous to select a boutique third party investor to organize a unique and innovative litigation funding agreement. Clever companies will recognize that the cost of capital in funding meritorious yet profitable legal action is a risk worth taking.  Check out Case Works’ list of seven elite litigation investment companies to learn more.

Omni Bridgeway Research on Antitrust Law and Litigation Finance 

Trade restraints, fixing prices and monopolistic tendencies often breed the essence of unfair competition. Complicating the picture, cross-border litigation requires an increasingly sophisticated, techno-scientific approach to win potential multi-district damages. Omni Bridgeway published new antitrust research on litigation investment, defining the asset class as a meaningful financial instrument.   Omni Bridgeway’s insights outline four key research categories:   
  • Complexity: Antitrust lawsuits are commonly associated with governmental interpretation of jurisdictional mandates. Considering aspects concerning regulatory arbitrage, antitrust definitions may vary with respect to a multi-district approach. The complexities of antitrust litigation are real, and litigation funders are becoming a resource tool for clients looking to hire the best legal team to win a claim. 
  • Duration: Globally, antitrust matters are a multi year effort. Litigation investor blueprints are mindfully designed, keeping in mind realistic success timelines. 
  • Budget: Funding a winning antitrust litigation agreement is a high dollar phenomenon.
  • Award: Pursuing antitrust litigation incorporates the prospect of securing substantial awards. Omni Bridgeway’s research studies 60 cases with an average settlement of $500M.  
Omni’s concluding analysis begs judgmental scrutiny when selecting a third party investor to fund meritorious antitrust wins. 

BURFORD CAPITAL CLOSES NEW $360 MILLION PRIVATE INVESTMENT FUND

Burford Capital Limited, the leading global finance and asset management firm focused on law, today announces that it has raised a new $360 million private investment fund, the Burford Advantage Master Fund LP (“Advantage Fund”). The Advantage Fund focuses on lower risk, lower return pre-settlement litigation investments than we include in our core legal finance portfolio, targeting matters expected to produce returns in the 12-20% IRR range. The Advantage Fund fills the gap between the Burford Alternative Income Fund, which focuses on lower return post-settlement investments, and Burford’s core business. The Advantage Fund has a structure that rewards Burford more than traditional fund models for producing good performance: the fund does not have a traditional management and performance fee structure, but instead provides the first 10% of annual simple returns to the fund investors while Burford retains any excess return. Based on our internal modeling, Burford does better with this approach than a traditional “2 and 20” fee structure once its returns exceed approximately 13%. (If the fund produces super-normal returns for this level of risk, which is not expected, a level of sharing with fund investors would kick in.) A range of institutional investors made commitments in the aggregate amount of $300 million. Burford has made a 20%commitment, or a further $60million. The Advantage Fund’s investment period runs until December 24, 2024, with a multi-year harvest period thereafter under an American waterfall. Christopher Bogart, Burford Capital’s chief executive officer, commented: “Burford is still scratching the surface of the legal finance market. As we continue to respond to our clients’ needs, we have found unmet demand for products in the middle range where litigation risk remains but where the risk is anticipated to be lower for structural or other reasons. In response to this demand, we have created the Advantage Fund to match client demand with institutional investors seeking exposure to the uncorrelated cash flows of legal finance at a lower risk of loss with commensurate returns.” About Burford Capital Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on theNew York Stock Exchange (NYSE: BUR)and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its principal offices in New York, London, Chicago, Washington, DC, Singapore, Sydney and Hong Kong. For more information, please visit www.burfordcapital.com.

BURFORD CAPITAL REPORTS FULL YEAR 2021 RESULTS; RECORD LEVELS OF BALANCE SHEET DEPLOYMENTS

Burford Capital Limited, the leading global finance and asset management firm focused on law, today announces its financial results for the year ended December 31, 2021.(1) The Burford Capital 2021 Annual Report, including financial statements (the “2021 Annual Report”), is available at the following link: http://www.rns-pdf.londonstockexchange.com/rns/4070G_1-2022-3-29.pdf or at Burford’s website www.burfordcapital.com/shareholders. In addition, a new financial data supplement, as well as Burford’s inaugural Sustainability Report for 2021, are available on our website at the same URL. Hugh Steven Wilson, Chairman of Burford Capital, commented: “Burford turned in an excellent 2021. This may seem odd to say as we report the first loss in our history, but that is a matter of timing. We wrote significant new core legal finance business in 2021. Even in an era of slower case progress,wegeneratedsignificantlymore cash thanneeded tocover allofour expenses. Burford ended the year with substantial liquidity and strong access to capital, and we recently announced our latest $360 million private fund.” Christopher Bogart, Chief Executive Officer of Burford Capital, commented: “We are delighted with our strong new business performance in 2021. To write more than $1 billion of new commitments during a pandemic is a significant achievement. We deployed more capital than ever before from our balance sheet into assets with the potential to generate our highest returns and profits, auguring favorably for future capital provision income. Though it was a slower year for realized gains, contributing toour 2021 loss, there were few adverse developments to causeeither realized or unrealized losses and the portfolio remains well positioned. The slow pace we are experiencing is a timing issue, not one affectingour viewofthe ultimaterealizable value of theportfolio andits potential tocreatesignificant shareholder value, and no client has discontinued a single matter due to these delays. We are optimistic about the portfolio’s future potential.” 2021 highlights New business
  • Record-breaking new business2, with Group-wide new commitments of $1.1 billion (2020: $758 million) and deployments of $841 million (2020: $595 million)
o Burford-only capital provision-direct new commitments of$649million(2020:$335million); the 2021 amount includes $63 million of new commitments warehoused for our funds; excluding those warehoused deals, new commitments were $586 million o Perhaps most significantly for potential future shareholder benefit, Burford-only capital provision-direct deployments, representing our assets capable of generating our highest balance sheet returns and profits, doubled to $447 million (2020: $225 million) Portfolio and balance sheet
  • Consolidated portfolio grew to $4.4 billion at December 31, 2021 (December 31, 2020: $3.8 billion)
o Group-wide portfolio grew to $5.1 billion (December 31, 2020: $4.5 billion), driven by new business growth
  • Cumulative return on invested capital from Burford-only capital provision-direct assets increased to 93% (December 31, 2020: 92%) with an IRR of 30% (December 31, 2020: 30%)
  • Internal model update at December 31, 2021 suggests core legal finance portfolio excluding YPF-related assets couldgenerate$3.8 billioninBurford-only realizations, $2.2billioninrealized gains and $400 million in asset management performance fee income (June 30, 2021: $3.4 billion in realizations, $2 billion in realized gains and $360 million in asset management performance fee income)3
  • Burford-only liquidity of $315 million at year end (December 31, 2020: $336 million)
Income
  • Total income of $152 million (2020: $359 million), including capital provision income of $128 million (2020: $340 million), reflecting slow case progress, in part due to Covid-linked disruption o Burford-only capital provision-direct net realized gains of $128 million (2020: $180 million) o Burford-only capital provision-direct realized losses of $9 million represented a loss rate of
0.8% (2020: $20 million; 2.2%)
  • Income from operations of $6 million (2020: $239 million), with decrease from 2020 due mainly to lower capital provision income and higher operating expenses, including legacy asset recovery charges
  • Net loss attributable to ordinary shares of $72 million (2020: net income attributable to ordinary share of $165 million), within previously disclosed expected range of $70 million to $80 million o Net loss per diluted share of $0.33 (2020: net income per diluted share of $0.75)
Capital
  • Total shareholders’ equity attributable to Burford Capital of $1.6 billion at December 31, 2021 (December 31, 2020: $1.7 billion)
o Burford-only total shareholders’ equity of $7.08 per share at December 31, 2021 (December 31, 2020: $7.59 per share) o Total tangible shareholders’ equity of $6.47 per share (December 31, 2020: $6.98 per share) • Declared final 2021 dividend of 6.25¢ per share payable on June 17, 2022, subject to shareholder approval at the annual general meeting to be held on May 18, 2022, to shareholders of record on May 27, 2022, with an ex-dividend date of May 26, 2022; total annual dividend of 12.5c per share -- (1) All figures in this announcement are audited and presented on a consolidated basis in accordance with the generally accepted accounting principles in the United States (“US GAAP”), unless otherwise stated. Definitions, reconciliations and information additional to those set forth in this announcement are available on the Burford Capital website and in the 2021 Annual Report. 2 Burford-only new commitments for 2021 include approximately $63 million of interests in assets that were warehoused for our funds at December 31, 2021, including a $13 million asset warehoused for Burford Opportunity Fund C LP and a $50 million asset warehoused for Burford Advantage Master Fund LP (the “Advantage Fund”), which will be reflected as a capital provision-indirect asset post-transfer. New commitments reflect the allocation in place at December 31, 2021, and does not reflect the intended transfer to other funds, which occurred or is expected to occur in early 2022. Excluding the warehoused commitments, Burford-only new commitments in 2021 for capital provision-direct were $586 million. Of the $50 million new commitment warehoused for the Advantage Fund, the Burford-only portion of this capital provision-indirect asset is expected to be $8 million. Total Burford-only new commitments to capital provision assets in 2021, post-intended transfers, were $594 million. 3 Data based on calculations derived from our internal modeling of individual matters and our portfolio as a whole. This data is not a forecast of future results, and past performance is not a guide to future performance. The inherent volatility and unpredictability of legal finance assets precludes forecasting and limits the predictive nature of our internal modeling. Further, the inherent nature of probabilistic modeling is that actual results will differ from the modeled results, and such differences could be material. The data based on calculations derived from our internal modeling is for informational purposes only and is not intended to be a profit forecast or be relied upon as a guide to future performance. See sections titled “Forward-looking statements” and “Risk Factors” in our Annual Report on Form 20-F for the year ended December 31, 2021 filed with the US Securities and Exchange Commission on March 29, 2022.

Leaders League Ranks Top US and UK Litigation Funders

With investment in litigation finance on the rise, the industry will naturally breed winners and losers in terms of funder rankings. As potential claimants research the best third party investors to evaluate their case, it may be helpful to consult industry rankings. Leaders League offers a unique online tool allowing users access to rankings of litigation funders worldwide.  Leaders League rankings for top litigation funders in the United States comprises a group of 12 industry leaders. Leaders League also ranks the 14 top litigation funders in the United Kingdom.  Founded in Paris, France in 1996, Leaders League prides itself on collating international rankings spanning law, private equity, innovation marketing and wealth management. 

€13B Slovakia Expropriation Yields GESI, World’s First Arbitration Token 

The World Economic Forum (WEF) ranks corruption as the Slovak Republic’s second most pervasive pitfall for the country’s businesses sector. Ranking first on the list is governmental bureaucracy leading to systematic public service inefficiencies, according to WEF.  The GESI Token White Paper explains that Central Slovakia is home to one of the world’s largest talc mines, Gemerska Poloma. EuroGas Inc. won an exporporation appeal ruling, arguing that the Slovak state authority illegally took mining rights (as property) from EuroGas Inc. for public use and benefit. General European Strategic Investments Inc. (GESI) has purchased an 80% stake in EuroGas’ potential arbitration award.  The GESI utility token has been created to fund arbitration costs, litigation expenses and case management costs.  GESI Holdings LLC has utilized Wyoming’s new crypto business organization framework that protects decentralized autonomous organizations (DAOs). GESI has set-up a foundation to recognize token holders, and a total of 100,000,000 GESI tokens will be issued.  The token offer is being listed under SEC Rule 506 (c) of Regulation D, which means residents of the United States must be officially accredited investors and will be required to prove their accreditation before subscribing to GESI’s token sale. 

Survey: Evolution of Litigation Finance 

Pioneers in the Litigation Finance industry have constructed some of the most advanced portfolio cases in the history of third party funding. A new survey polls global leaders and mines insights into the evolution of litigation finance.  Above the Law is tracking the survey submissions, offering free tickets (at, 'Stay Tuned with Preet'), to a live event at New York’s Town Hall on March 31, 2022. In the six years since the inception of the survey “Tracking the Evolution of Litigation Finance” … Above the Law has partnered with Lake Whillans to forecast more and more investment dollars earmarked for greater access to justice across the globe.  Take the survey, and LitigationFinanceJournal.com will report on the findings when the survey is published.

Houston’s Armadillo Litigation Funding Banks $750M Investment 

Armadillo Litigation Funding proudly announced the realization of a $750M funding round. The Houston-based third party funder highlights that the investment is its largest series to date. Proceeds will be used to distribute loans to commercial enterprises, with a focus on mass tort portfolio investment. Armadillo’s preferred loan target is $10M - $100M, secured by future claim awards, settlements and miscellaneous contingencies.  Armadillo’s announcement shares insights from the firm’s Chairman and CEO, Nick Johnson. Mr. Johnson notes that Armadillo’s success in raising $750M is further indication of his team’s leadership position in the litigation finance industry. Johnson goes on to say that Armadillo has capitalized on carving out an exclusive niche in mass tort litigation, offering borrowers and investors alike exclusive access to the firm’s wealth of expertise. Over the last decade, industry metrics indicate the impressive growth of mass tort litigation. The last two years have seen the largest mass tort litigation awards in history. Armadillo’s new $750M investment signals further leadership in the sector, according to Mr. Johnson. 

Gaston Kroub’s Inaugural LITFINCON Takeaways

Earlier this month, Houston hosted the inaugural LITFINCON conference. The gathering billed itself as the preeminent conference for the global litigation finance industry. Houston is an interesting location for the conference, as the success of hosting LITFINCON in Texas illustrates that litigation finance also thrives outside of New York and London.  AbovetheLaw.com published a LITFINCON debrief op-ed by Gaston Kroub of Kroub, Silbersher & Kolmykov PLLC.  Kroub offered a very positive review of LITFINCON’s organizational makeup and curated content lineup.  Kroub asserts the success of the inaugural conference is a humble achievement, for if the litigation finance space is to be successful, it will require investment in public awareness campaigns over the near and long terms. Kroub offered three takeaways from the conference, summarized below: 
  • Harnessing the power of human capital can be attributed to an ‘amazing’ pool of talent leading innovation in the litigation finance industry. Thought leaders in the space are not limited to intelligent lawyers, according to Kroub. From legal support staff to imaginative financial architects, the industry is powered by the quality of talented individuals. 
  • Relationship incubation will be the cornerstone of driving innovative efficiencies. Given the industry is expected to grow and evolve over time, creating relationships with key stakeholders will pay dividends down the road. 
  • Public awareness of litigation finance at the attorney and client levels are currently at the   embryonic stage. The successful litigation finance investor will be one who is able to lead public awareness in the space, which is why so many funders are attending conferences such as LitFinCon, and producing content online. 

Westfleet: 488% Litigation Portfolio Activity Increase 

Major activity in litigation finance investments, as various portfolio deals at $50M+ were recorded in 2021. The largest 200 law firms in the United States appear to be earmarking portfolio funds to take advantage of patent litigation matters, according to a new report. Patent litigation finance budgets increased 61% in 2021, with a total of 64% of capital associated with patent portfolio litigation.  The Westfleet Insider was recently published, offering the ‘2021 Litigation Finance Market Report,’ which notes a substantial increase in litigation investment deals sponsored by the largest law firms in the United States. AmLaw 200 firms saw a near 50% increase in litigation investments in 2021, compared to 2020’s figures. The average deal size in 2021 was $6.5M, encompassing an average single deal of $3.5M, and an average portfolio deal of $8.5M.  As an added bonus, we have made 15 highlights to Wesfleet’s report for your general reference.

Podcast and Deck: Tax Aspects of Litigation Finance

Cadwalader, Wickersham and Taft LLP, sports a rich 225 year history, and is widely recognized as one of the pioneers in legal innovation. For example, Cadwalader won recognition for leading New York State in LIBOR regulatory contract legislation, receiving acknowledgement from the Financial Times North America in 2021. The Financial Times cited Cadwalader as one of the most innovative law firms in the category of “Creating new standards.”  Recently, Cadwalader’s Mark Howe sat down with Phil Balzafiore to discuss tax implications associated with litigation finance and what tax structures attorneys should consider whilst engaging litigation investment facilities. Howe and Balzafiore also discussed various third party funding products popular in the industry, highlighting potential tax consequences and considerations for risk mitigation.  A slide deck has also been published as a companion to the podcast. You can access the deck by clicking here.   

The Attorney’s Guide to Mastering Litigation Finance

The worldwide litigation finance industry is experiencing a renaissance of sorts. With $12B+ in litigation assets under management in the United States, many experts forecast double digit growth in various third party litigation products and services. Mastering a working conceptualization of the evolving litigation finance ecosystem first requires a solid foundational understanding of the industry's architecture.  Lake Whillans’ new white paper aims to provide a contextual guide for legal professionals looking to ‘master’ litigation finance. The white paper explores various litigation investment scenarios, helping indicate the industry's flexibility in organizing a wide variety of product structures to meet various client needs. One key guiding principle to mastering litigation finance, according to Lake Whillans’ insights, is developing strong, robust and innovative litigation portfolio instruments. As an added bonus, we have made 67 highlights to the white paper for your added reference.    

World Bank Group on Third Party Funding 

The World Bank hosted member states of the International Center for Settlement of Investment Disputes (ICSID), which approved a landmark set of rules meant to guide dispute resolution between international investors and State parties. David Malpass, President of the World Bank Group and Chair of the ICSID Administrative Council, signaled an appetite for streamlined systems that radically innovate international arbitration disputes. The World Bank hopes a new, evolved approach to litigation will cultivate international economic growth by expanding investment architectures.   The World Bank, for the first time in history, has issued guidance for third party funding as part of ICSID Conciliation Rules. We have organized the complete text concerning ICSID Conciliation Rule 12 titled “Notice of Third Party Funding” below:  Notice of Third-Party Funding  
  • A party shall file a written notice disclosing the name and address of any non-party from which the party, directly or indirectly, has received funds for the conciliation through a donation or grant, or in return for remuneration dependent on the outcome of the conciliation (“third-party funding”). If the non-party providing funding is a juridical person, the notice shall include the names of the persons and entities that own and control that juridical person.
  • A party shall file the notice referred to in paragraph (1) with the Secretary-General upon registration of the Request for conciliation, or immediately upon concluding a third-party funding arrangement after registration. The party shall immediately notify the Secretary-General of any changes to the information in the notice.
  • The Secretary-General shall transmit a notice of third-party funding and any notification of changes to the information in such notice to the parties, and to any conciliator proposed for appointment or appointed in a proceeding for purposes of completing the conciliator declaration required by Rule 16(3)(b).
 

Bloomberg Reports Litigation Finance Assets Reach $12.4B

Investments in litigation finance continue their forward momentum, according to a new report. Total third party funder assets under management reached $12.4B in 2021, up 10% from 2020. Additionally in 2021, 28% of litigation funding investment went to the top 200 law firms in the United States.     Bloomberg Law’s recent statistical data focusing on the litigation finance industry notes an investment of $2.8B in new litigation finance contracts in 2021. According to Bloomberg’s report, the largest law firm helped drive an 11% increase in third party finance industry growth, as compared to 2020’s metrics. Similarly, Bloomberg highlights that Big Law 200 firms gobbled up 41% of litigation finance investment in 2021. That is up 46% from 2020, according to Bloomberg.  Experts signal that a recessionary climate is the best climate for litigation funding to prosper over the near future. Bloomberg’s survey data captured self-reported facts and figures from 47 of the United State’s litigation finance investors and hedge funds, who are leaders in the space.

Chief Justice of Ireland Discusses Litigation Investment Access 

Ireland’s population has experienced a long history of affordability challenges when accessing the Irish court system. The Chief Justice of Ireland’s Supreme Court has issued new guidance that hints at an open-minded approach to innovating third party funding facilities as tools in accessing the rule of law. This new perspective is a product of a conference held last year by the Chief Justice’s Working Group on Access to Justice.  Independent.ie reports that Chief Justice Mr. Donal O’Donnell has suggested that reforming access to third party funding and litigation investment is a top priority for Ireland’s regulatory innovation. Chief Justice O’Donnell appeared to signal a fresh approach to implementing improvements in facilitating access to justice. The Chief Justice urged a mindful approach to evolution in the industry, calling for careful inspection of regulatory innovation systems and processes now in place.   Scholars in Ireland also support broader access to litigation funding instruments in business, including insurance firms, bankruptcy managers, liquidators and trustees who seek innovative ways of boosting asset liquidity and the general bandwidth available to creditors.  

Canada’s Supreme Court Considers Advancing Award Costs 

Canada’s Supreme Court (SCC) issued historic guidance for First Nation Indian tribes, ruling that the Beaver Lake Nation’s “pressing needs” may include not having adequate capital for litigation. SCC’s ruling further includes a provision for Beaver Lake to qualify for advance costs to finance litigation fees as necessary. The SCC decision signals pathways to reconciliation between tribes and governments who potentially may stand to navigate complicated, lengthy negotiations and millions of dollars in litigation investment.  BLG.com reports that Beaver Lake questioned if the government of Canada along with the province of Alberta compromised the tribe's capacity to enjoy their traditional way of life. Various government factions of Canada are accused of pillaging Beaver Lake tribal lands with industrial resource projects that forever tarnished hunting and fishing ecosystems. Having already spent $3M on litigation fees, SCC estimates that Beaver Lake will need to invest $5M more in litigation costs for the trial.  The contentious question of whether Beaver Lake had adequate capital to fund litigation was first approached by a case management judge, who ruled the impoverished First Nation lacked adequate funds for quality litigation. Alberta’s Court of Appeal overruled the trial judge’s assessment. The SCC effectively ruled in favor of the case management judge’s assessment.   

Tracking Third Party Funding Partnerships 

Big Law litigation fees have a solid tradition of generating sticker shock for clients and spectators alike. To help mitigate such surprise, Fortune 100 firms have started to consider bundling litigation assets into portfolios with the hope of leveraging third party investment as a finance vehicle that generates profitable returns. Meanwhile, modern entrepreneurial strategy has begun to embrace third party funding partnerships as a tool beyond fear and the financial burden(s) associated with litigation.  Attorney at Law Magazine (AALM) reports that investment in the United States litigation finance marketplace totals more than $11B. AALM’s insights unpack statistical Bloomberg Law data to track a positive outlook for third party funding market sentiments. AALM suggests that Big Law is starting to track third party funding as an innovative business development exercise, allowing for greater firm successes over the near and long terms.  Furthermore, AALM signals that third party funding powers greater associate and partner success stories, which provides ancillary talent retention benefits for Big Law associates and partners alike.