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UK’s FCA Motor Finance Redress Scheme Partly Suspended Amid Legal Challenges

The UK Financial Conduct Authority's roughly £9.1 billion motor finance redress scheme has been partly suspended after the Upper Tribunal agreed to pause key elements pending the outcome of four legal challenges. Under the suspension, lenders are no longer required to calculate compensation, make payments, or contact eligible consumers, though they must continue to comply with the rules that remain in force.

As reported by Reuters, the challenges come from three car finance lenders — CA Auto Finance, Mercedes-Benz Financial Services, and Volkswagen Financial Services — alongside the consumer group Consumer Voice, which is pressing for larger payouts. All four argue that the rules underpinning the mass redress scheme are unlawful in whole or in part and are asking the court to quash or invalidate them.

The scheme is intended to compensate motor finance customers treated unfairly between 2007 and 2024, a period in which the FCA says undisclosed commission arrangements between lenders and dealers incentivized brokers to inflate interest rates. Hearings before the Upper Tribunal are expected around mid-November 2026 and could extend into 2027, with actual redress potentially delayed to 2027 or beyond.

The suspension adds fresh uncertainty to a landscape in which funded commission litigation is already advancing through the courts — including the recent Court of Appeal ruling permitting omnibus claim forms — and sharpens the question of whether affected consumers will ultimately recover through the regulator's scheme or through the courts.

AdvoCap Launches Nationwide Case Expense Insurance for Contingent-Fee Firms

AdvoCap Insurance Agency, a subsidiary of case-cost financier Advocate Capital, has launched a Case Expense Insurance Program aimed at plaintiff and contingent-fee law firms across the United States. The product is designed to protect the substantial sums firms advance to move litigation forward, adding a risk-management layer to a corner of the market where firms have traditionally shouldered those costs alone.

According to PR Newswire, the program covers eligible case expenses in qualifying matters, including expert witness fees, medical record retrieval, deposition costs, and accident reconstruction. By insuring against unrecovered litigation expenses, the offering aims to strengthen firm balance sheets, improve cash-flow predictability, and give attorneys greater confidence to invest in meritorious cases.

"Plaintiff firms routinely make significant financial commitments before seeing any return," said Donna Jones, President of Advocate Capital and AdvoCap Insurance. "This program provides an additional layer of protection that can help firms grow strategically, manage uncertainty, and continue investing in the cases that matter most to their clients."

The launch reflects the continued convergence of litigation finance and insurance, as providers build products around the capital that contingent-fee practices tie up in active cases. For firms weighing how aggressively to fund their dockets, tools that de-risk advanced case costs increasingly sit alongside traditional case-expense financing as part of the plaintiff bar's capital toolkit.

ProLegal Expands Into Kansas as State’s New Consumer Legal Funding Law Takes Effect

Consumer legal funder ProLegal has expanded its pre-settlement funding operations into Kansas, timing its entry to the July 1 effective date of the state's new Transparency in Consumer Legal Funding Act. The move opens a market that had effectively been closed to funders, and signals how newly enacted state frameworks are reshaping where the consumer funding industry can operate.

According to ProLegal, the company provides non-recourse cash advances to plaintiffs, typically within 24 to 48 hours, with approval based on the strength of the underlying legal claim rather than credit history or employment. Because the funding is non-recourse, a plaintiff who does not prevail owes nothing.

Kansas had previously been inaccessible to funders after the state's banking commission classified litigation funding as lending, subjecting it to restrictions that made operations impractical. The new Act clarifies the industry's legal standing by recognizing consumer legal funding as a non-recourse advance in which the funder assumes the full risk of loss.

The law also embeds consumer protections that mirror a broader national trend: funders may request updates on a claim's status but are barred from influencing whether, when, or for how much a case settles, and may not interfere with the independent judgment of the plaintiff's attorney. For ProLegal, the expansion reflects both a commercial opportunity and the growing role that clear statutory regimes play in legitimizing consumer legal funding across new jurisdictions.

Delaware’s Funder-Disclosure Order Is Redrawing the Map of Patent Litigation

Fresh analysis of court data is sharpening the debate over whether mandatory disclosure of third-party litigation funding drives cases out of jurisdictions that require it. The evidence increasingly suggests it does — with patent filings in Delaware falling sharply after its federal court began compelling litigants to reveal their funders, even as neighboring courts that keep funding confidential absorb the overflow.

As reported by MLex, the data traces back to the April 2022 standing order issued by Delaware Chief Judge Colm Connolly, which requires parties to identify third-party funders, describe the nature of the backing, and state whether a funder's approval is needed for litigation or settlement decisions. A University of Utah study by law professor Jonas Anderson found that patent filings in Delaware dropped 41% in the two years after the order — from 1,899 to 1,121 cases — compared with a national decline of just 15% over the same period. By 2024, only one funded patent case was filed in Connolly's courtroom.

The pattern points to venue migration rather than a genuine decline in disputes. Courts without disclosure requirements, including districts in Texas, have become more attractive to funded plaintiffs, while the District of New Jersey — which has required disclosure since June 2021 — counted just 88 funded cases among some 40,000 filings.

With litigation finance now a roughly $15 billion industry and patent cases its single largest category at around 19%, the findings feed directly into a national policy fight over whether funding arrangements should be disclosed as a matter of course.

Loopa Finance Earns Chambers 2026 Band 1 in Latin America and Rises to Band 3 in Europe

Loopa Finance has strengthened its standing in the global litigation funding market with its latest recognition from Chambers and Partners, which named the firm Band 1 in Latin America in the Litigation Support – Litigation Funding category and advanced it to Band 3 in Europe. The dual ranking reflects the funder's continued expansion across both regions and its growing presence in one of the world's most competitive markets for legal finance.

According to Loopa Finance, the 2026 edition also individually ranked four members of its team: Managing Partner Fernando Folgueiro, General Counsel Europe Ignacio Delgado, Investment Manager Marina Gouveia, and Head of Legal Federico Muradas. The firm framed the distinctions as validation of a multidisciplinary team combining legal expertise, financial analysis, and strategic vision across multiple jurisdictions.

"This recognition is the result of a philosophy that places our clients at the center of everything we do," said Folgueiro, adding that Loopa's aim is to develop financing solutions that "expand access to justice and enable the strongest claims to move forward based on their merits, regardless of access to capital."

The rankings arrive as Loopa builds on recent momentum, including the close of its USD 70 million Fund III, which significantly increased its capacity to finance litigation, international arbitration, and other high-value legal assets. Executives pointed to Brazil's sophisticated legal ecosystem and maturing European markets such as Italy and Portugal as areas of particular opportunity as the firm continues its pan-regional expansion.

Independence Day Op-Ed Frames Consumer Legal Funding as the Freedom to Pursue Justice

In an Independence Day editorial, the Alliance for Responsible Consumer Legal Funding (ARC) argues that meaningful freedom includes the ability of injured Americans to pursue their legal claims without financial desperation forcing them into unfair settlements. The piece positions consumer legal funding as a practical tool for keeping the outcome of a case tied to its facts rather than to a plaintiff's bank balance.

Writing in the National Law Review, ARC president Eric Schuller contends that "justice delayed can quickly become justice denied when mounting bills force individuals into decisions they otherwise would never make." Defendants, he argues, understand this dynamic and can use the length of the civil justice process to pressure vulnerable plaintiffs into accepting less than their claims are worth.

Schuller distinguishes consumer legal funding from commercial litigation finance and traditional lending. These are typically small, non-recourse advances — often $3,000 to $5,000 — used for everyday necessities such as rent, groceries, and medical bills while a claim proceeds. Because the funding is non-recourse, a consumer who loses the underlying case owes nothing. ARC's guiding principle, he writes, is "Funding Lives, Not Litigation."

The editorial also makes the case for responsible oversight, endorsing disclosure requirements, attorney acknowledgment, and prohibitions on funders influencing litigation strategy — safeguards intended to protect consumers while preserving their access to the tool.

Nera Capital Backs Landmark Court of Appeal Ruling for Motor Finance Consumers

Litigation funder Nera Capital has welcomed a Court of Appeal judgment in the Angel v Black Horse Limited motor finance litigation, calling it a significant step forward for consumer redress and large-scale collective claims. The ruling confirms that where thousands of claims raise substantially the same legal and factual issues, they may proceed using omnibus claim forms rather than requiring each claimant to issue separate proceedings.

According to Nera Capital, which has supported the litigation from its earliest stages, the decision removes unnecessary procedural complexity and enables the more efficient progression of high-volume motor finance commission claims. "For consumers, the decision removes unnecessary procedural complexity and supports more efficient progression of claims, strengthening access to justice," a spokesperson said, adding that individuals with materially similar claims should not face additional delay or cost solely because of the scale of the litigation.

The funder framed the judgment as delivering benefits across the system. For law firms, it provides certainty in managing high-volume claims, allowing them to focus resources on the substantive merits rather than duplicating procedural steps across thousands of individual cases. For the courts, the endorsement of omnibus proceedings in appropriate cases supports more efficient use of judicial resources.

As one of the first funders involved in motor finance commission litigation, Nera Capital said it remains committed to enabling access to justice through financial support for complex, large-scale claims. "This is a landmark decision for collective consumer litigation in England and Wales," a spokesperson said. "We have funded the Angel litigation from the outset because we believed consumers deserved a clear, efficient and proportionate route to redress." The ruling establishes a procedural framework for the next phase of claims as substantive issues continue to be determined.

AI Is Making Litigation Profitable at Smaller Claim Sizes

Artificial intelligence is lowering the cost of building a legal case, and in doing so it is reshaping the economics of litigation finance by making smaller claims viable to pursue. As the expense of scoring, sorting, and preparing cases falls, so too does the minimum claim size at which litigation — and the funding behind it — becomes worthwhile.

As reported by PYMNTS, plaintiff firms are increasingly deploying AI to identify promising cases and concentrate resources on those flagged as most likely to produce substantial verdicts. Under the contingency-fee model, that targeting turns previously uneconomical claims into candidates for investment. One analysis found that 56 plaintiff firms focused on transportation claims spent more than $228 million annually on paid search advertising, with roughly 88% running active campaigns — a measure of how aggressively the plaintiffs' bar is scaling case acquisition.

The pressure is most visible in commercial auto liability, where the loss-and-defense-cost ratio reached 87.6 in 2024, the highest in eleven years, and the line posted a $4.9 billion underwriting loss — its fourteenth consecutive year in the red.

For litigation funders, the shift is double-edged. AI expands the universe of fundable claims and could help drive the market toward a projected $50 billion by the mid-2030s, but it also intensifies competition for the most promising cases and raises fresh questions about how efficiently capital is deployed. As the technology matures, the economics of what counts as a "fundable" claim are being rewritten in real time.

New Jersey Assembly Passes Third-Party Litigation Funding Disclosure Bill

The New Jersey General Assembly has passed legislation requiring the disclosure of third-party litigation funding agreements, advancing the state toward becoming the latest to impose transparency obligations on the funding industry. The bill cleared the Assembly by an overwhelming margin, even as companion legislation in the state Senate has drawn pushback from trial lawyers and litigation finance representatives.

As reported by Law360, the measure requires parties to disclose the existence of third-party litigation funding arrangements and establishes a set of responsibilities for funders. Notably, the bill is framed as protecting plaintiffs as much as defendants: it requires funders to act in the best interests of the funded party, prohibits them from interfering with litigation decisions, and ensures that plaintiffs retain control over their own cases.

Supporters, including the New Jersey Business & Industry Association, argue that disclosure is essential because undisclosed funding can create conflicts of interest, complicate judicial administration, and allow funders to exert hidden influence over litigation. Opponents counter that mandatory disclosure risks exposing strategic information and chilling legitimate access to capital.

New Jersey's move reflects a broader national trend, with a growing number of states and federal proposals seeking to bring third-party funding arrangements into the open. With the Assembly bill now passed, attention turns to the Senate, where the industry's resistance may shape whether — and in what form — the disclosure regime ultimately becomes law. For funders operating in the state, the vote is a signal that transparency requirements are gaining legislative momentum.

UK’s Largest Housebuilders Face £4.5bn Burford-Funded Class Action Over New-Build Pricing

Nine of Britain's biggest housebuilders are facing a collective action at the Competition Appeal Tribunal alleging they unlawfully shared competitively sensitive information that inflated the price of new-build homes. The claim, valued at between £2.2 billion and £4.5 billion, is backed by Burford Capital and stands as one of the most significant funded consumer competition cases to reach the CAT this year.

As reported by PropertyWire, the action is brought by class representative Mark McLaren on behalf of more than 700,000 people who purchased a new-build home in Great Britain between October 2015 and June 24, 2026. The defendants include Barratt Redrow, Bellway, Persimmon, Taylor Wimpey, Vistry Group, The Berkeley Group, Bloor Homes, and Countryside Partnerships. Court documents allege the builders exchanged information on prices, buyer incentives, and sales activity, reducing competition and leaving buyers paying more than they should have.

Burford Capital has committed up to £29 million to the proceedings, meaning class members bear no financial risk and pay nothing if the claim fails. Estimated compensation ranges from £3,100 to £6,200 per affected homeowner.

The case underscores the central role litigation finance now plays in enabling large-scale UK collective actions, where the cost and complexity of pursuing hundreds of thousands of claims would be prohibitive without third-party capital. It also places one of the world's largest funders behind a high-profile consumer claim against a politically sensitive industry, ensuring the proceedings will be closely watched as they advance.

LCM Secures Covenant Waiver Extension as Fresh Case Write-Downs Loom

Litigation Capital Management has won another short extension of the covenant waiver on its debt facility, buying the funder additional time to resolve its capital structure while it pursues a strategic review. The AIM-listed funder paired the announcement with a warning of fresh write-downs on two case investments, sending its shares sharply lower.

As reported by Proactive Investors, lender Northleaf agreed to extend the covenant waiver by one month, to June 30, with the loan's interest margin remaining two percentage points higher than its standard rate but without an additional waiver fee. The extension follows earlier waivers granted in December 2025 and January 2026, underscoring the prolonged nature of LCM's efforts to stabilize its balance sheet.

Alongside the waiver, LCM disclosed adverse developments in two case investments carrying roughly A$9 million of deployed capital, which are expected to produce material write-downs in its next set of financial statements. Investors reacted by sending the stock down around 13%.

The update lands as LCM continues a strategic review aimed at addressing the mismatch between its funding commitments and available capital — a challenge that has weighed on several listed funders as longer case durations and adverse outcomes test the patience of lenders and shareholders alike. How LCM resolves its covenant position in the coming weeks will be closely watched as a barometer for the listed litigation finance sector.

New Zealand Family Law Firms Turn to Third-Party Funding to Ease Cashflow Crunch

New Zealand family law practices are increasingly treating third-party funding as a core part of their business model rather than a last resort, as firms look to convert uncertain and delayed fee recovery into secured, predictable revenue. The shift reflects a broader migration of litigation finance into the consumer and family-law space, where client liquidity — not the merits of a matter — often dictates whether a case proceeds.

As reported by LawFuel, Australian-based family law funder JustFund, which launched in New Zealand last year, has now approved close to NZ$5 million in funding across 92 accredited firms, with its loan book growing 36% in the most recent quarter. Once funding is approved, invoices are paid within 24 hours, shifting the financial risk of delayed settlements away from the firm.

The model assesses funding against expected property settlements, a structure suited to family disputes where assets exist but remain locked up until resolution. New Zealand recorded 7,887 divorces in 2025, up 5% on the prior year, underscoring steady demand.

Lauren Milne, JustFund's Director of Family Law, said firms are increasingly "bringing funding into matters earlier, embedding it into client onboarding rather than waiting for payment issues to emerge." The trend points to a maturing market in which funding is positioned not as a rescue mechanism for distressed matters but as standard infrastructure for managing a practice's cashflow — even among clients whose income belies their short-term capacity to pay.

High Court Rules Litigation Funding Documents Are Not Protected by Privilege

The English High Court has ruled that communications generated to secure third-party funding are not shielded by litigation privilege, a decision that sharpens the disclosure risks facing funded claimants and the funders who back them. The ruling came in the long-running £300 million-plus claim brought by some 13,000 black-cab drivers against Uber, which alleges the company misrepresented its business model to Transport for London.

As reported by Legal Futures, Mr Justice Birt rejected arguments that documents passing between the claimants' solicitors, Mishcon de Reya, their litigation funder, and the Licensed Taxi Drivers' Association were covered by litigation privilege. Uber had sought disclosure of materials created between late 2017 and October 2018 — before the claimants had formally instructed solicitors — and the court agreed they were disclosable.

Central to the judgment was a distinction the court drew between a party assessing its own potential claim, which attracts privilege, and a funder evaluating whether to support someone else's litigation, which does not. The documents' dominant purpose, the judge found, was to enable a funding decision rather than to conduct litigation. As one firm observing the case put it, "the decision to fund litigation is not itself conduct of litigation."

The practical implications are significant. Defendants in group actions may now gain access to early communications that reveal what claimants knew, and when, while prospective litigants are being urged to weigh carefully what information they share with funders before a claim is formally underway.

UK Tribunal Orders Large Publishers Into Disclosure in £13.6bn Google Ad Tech Claim

The UK's Competition Appeal Tribunal has ruled that major corporate class members in the £13.6 billion Ad Tech Collective Action against Google can be compelled to participate actively in the litigation, a decision that reshapes expectations about what "passive" membership in a funded class action entails. The funded claim alleges that Google abused its dominance across the advertising-technology supply chain to the detriment of online publishers.

As reported by Tech Times, the Tribunal drew a deliberate line between small, genuinely passive beneficiaries and large institutional publishers with the resources and organizational capacity to produce relevant documents. For the latter group, the ruling holds, class membership is not a shield against disclosure obligations — they may be required to contribute to the evidentiary record despite not being named claimants.

The action is brought by Ad Tech Collective Action LLP, led by former Ofcom director Claudio Pollack, and is backed by a subsidiary of litigation funder Fortress, meaning class members bear no direct financial risk. The claim is represented by Hausfeld, Humphries Kerstetter, and Geradin Partners.

The decision matters for the economics of large funded opt-out claims: greater disclosure burdens on sizeable class members could affect case management, cost, and participation incentives in future collective actions. The Tribunal has listed the trial for September 2028, with a hearing expected to run twelve weeks.

Insolvency Litigation Funder Manolete Reports Record Year

Manolete Partners, the AIM-listed specialist in insolvency litigation finance, has reported a record year across several operational metrics for the twelve months ended March 31, 2026, even as realised revenue dipped and its share price slid. The funder, which finances claims pursued by insolvency practitioners in exchange for a share of recoveries, framed the results as the foundation for an ambitious next phase of growth.

As reported by Legal Futures, Manolete logged an all-time high of 1,027 case referrals, up 15%, and ended the year with 446 live cases and a forward book valued at £67 million — a 37% increase year-on-year. The proportion of larger claims grew, with cases expected to generate £500,000 or more accounting for £32 million of the forward book, up from £21 million. Average claim value rose to £158,000 from £124,000.

Realised revenue fell 6.5% to £28 million, but gross margin improved five percentage points to 37%, and a single truck-cartel settlement returned £3.2 million — a 560% return on the cash invested. Profit before tax margin remained thin at 0.4%.

Chief Executive Mena Halton, who took the role in August 2025, said the company "strengthened our team and new business development function to support the next phase of growth." Manolete set medium-term targets including realised revenue of £42 million and a 12% profit-before-tax margin, signaling confidence in the depth of the UK insolvency litigation market despite the stock's decline to 36p.

Global Funding Dynamics Are Reshaping Australian Class Action Risk

Australian companies face a class action landscape increasingly shaped by events beyond their borders, according to new analysis warning that overseas litigation, foreign regulatory activity, and global litigation funding flows now operate as leading indicators of claims that later emerge at home. For boards and executives, the message is that domestic precedent alone no longer defines exposure.

As reported by Corrs Chambers Westgarth, plaintiff firms are explicitly modeling Australian claims on foreign proceedings — in one instance announcing it was "investigating how an Australian claim could be run" following a U.S. technology ruling. The pattern spans medical products, automotive, and technology, with expansion anticipated into privacy, data, cyber, and climate-related disputes.

Foreign regulatory enforcement frequently acts as the catalyst. When overseas regulators scrutinize issues such as PFAS contamination or particular medications, Australian plaintiff firms often follow, leveraging the country's flexible consumer protection framework to build comparable claims.

Litigation funding plays a central role in this dynamic, with capital moving across jurisdictions to balance risk and return. The analysis notes that recent Australian court decisions — including rulings on common fund orders and confirmation of soft class closure — are expected to attract greater global funding capacity, potentially increasing both the volume and the resourcing of claims.

The practical takeaway for senior decision-makers is to monitor international developments proactively. Understanding overseas litigation strategies, regulatory priorities, and funding trends has become essential to anticipating exposure before Australian proceedings materialize.

Which? Advances £3 Billion Funded Class Action Against Apple

The UK's Competition Appeal Tribunal has certified a £3 billion collective claim against Apple, allowing one of the country's largest consumer actions to proceed toward trial. The case, brought by consumer group Which?, alleges that Apple abused its dominant position in the iOS ecosystem by unlawfully favoring its own iCloud service over competing cloud storage providers.

As reported by The Global Legal Post, the tribunal certified the proceeding on June 25, 2026, sweeping in roughly 39 million UK consumers who used iCloud between November 2018 and June 2026. The opt-out structure means eligible UK residents are automatically included, while non-UK residents from the relevant period may opt in by October 8, 2026. Successful class members could recover up to £77 each, with trial scheduled for October 2028.

Which?, acting as class representative, has the backing of Litigation Capital Management's UK subsidiary, which is funding the claim. Notably, the tribunal dismissed Apple's objections to that funding arrangement — a point of continued significance as UK courts refine the rules governing third-party finance in the wake of the PACCAR decision.

Apple rejected the allegations, stating that it "rejected any suggestion that our iCloud practices are anti-competitive" and pointing to "plenty of alternatives to choose from." The certification marks another milestone for funder-backed collective actions in the UK, where well-capitalized consumer claims against major technology platforms continue to test the limits of competition law.

Pogust Goodhead Secures $150M and Quinn Emanuel as BHP Damages Battle Looms

Pogust Goodhead has lined up fresh capital and elite co-counsel for the next phase of its landmark claim against mining giant BHP over the 2015 Mariana dam collapse in Brazil — one of the largest group actions ever brought in the English courts. The firm announced $150 million in new funding from Gramercy Funds Management, with an initial $85 million tranche, alongside a strategic partnership with U.S. litigation powerhouse Quinn Emanuel.

As reported by The Global Legal Post, Quinn Emanuel will join as co-counsel for the quantum phase of proceedings, led by partner Justin Michelson and beginning in October 2026. The injection of funding and firepower comes as the case shifts from establishing liability to determining how much BHP must pay claimants.

The litigation has already cleared significant hurdles. In November 2025, Justice O'Farrell ruled BHP "strictly liable" for the Fundão dam failure, and the Court of Appeal rejected BHP's bid to challenge that finding in March 2026. Pogust Goodhead has secured an interim costs award of roughly £43 million, with claimants awarded 90% of their Stage 1 costs.

The road ahead remains long. The Stage 1 quantum trial is set for October 2026, with further proceedings on causation, loss, and damages scheduled across 2027 and closing submissions expected in March 2028. Damages assessments could extend well beyond 2030, underscoring both the scale of the claim and the staying power that third-party capital provides.

Omni Bridgeway Spotlights the Demands of Funding International Arbitration

Omni Bridgeway, one of the world's largest legal finance providers, has released new content underscoring the specialized expertise required to fund international arbitration — disputes that frequently span multiple jurisdictions, legal systems, and languages. The piece positions the funder's cross-border capabilities as central to navigating an increasingly complex global disputes market.

According to Omni Bridgeway, funding international arbitration effectively demands a combination of "global expertise and local knowledge." The firm — listed on the ASX with 24 offices worldwide — points to a team that includes former arbitration lawyers and litigators, arbitrators, leaders of arbitral institutions, and business users of arbitration as the basis for its claim to be a global leader in the space.

The content emphasizes capabilities that distinguish arbitration finance from domestic litigation funding: risk assessment across multiple jurisdictions, cultural and multilingual fluency, and access to worldwide professional networks. Each reflects the reality that an arbitration award secured in one forum may still require enforcement efforts in several others before a funder or claimant sees a return.

While the material is promotional in nature, it reflects a broader trend: rising demand for capital and risk-sharing in cross-border disputes as international arbitration continues to grow. For claimants weighing whether to pursue complex multinational claims, the involvement of specialized funders increasingly shapes which cases move forward — and how far they can be pressed.

In Jackson Hospital Bankruptcy, Funders and Lawyers Sit Ahead of the Hospital in Settlement Waterfall

A court filing in the bankruptcy of Montgomery-based Jackson Hospital reveals that, under a joint prosecution and funding agreement, litigation funders and lawyers would be paid ahead of the hospital itself if its lawsuit against Blue Cross and Blue Shield of Alabama produces a settlement. The arrangement offers an unusually clear public window into how a funded litigation recovery can be distributed.

As reported by Alabama Daily News, Jackson Hospital filed for bankruptcy and sued Blue Cross, arguing that only higher insurance reimbursement rates can keep the facility open. Its current operations are financed through a debtor-in-possession loan from Jackson Investment Group (JIG).

According to the agreement, any settlement proceeds would follow a strict waterfall: first, JIG's legal expenses; second, repayment of JIG's investment, including accrued and unpaid interest; and only then a split of what remains, with 70% directed to Jackson Hospital Corporation for its obligations to JIG and 30% to a nonprofit of JIG's choosing. The hospital itself effectively ranks third in the payment hierarchy.

The structure highlights a recurring tension in litigation finance: a courtroom victory does not always translate into the outcome a funded party most needs — here, the survival of the hospital. U.S. Bankruptcy Judge Christopher Hawkins has scheduled a status hearing for June 30, leaving the ultimate distribution, and the hospital's future, unresolved.

As New York’s Litigation Lending Law Takes Effect, a Nonprofit Funder Pushes an Alternative Model

As New York's new consumer litigation lending law takes effect, a Buffalo-based nonprofit is positioning itself as an alternative to the traditional, for-profit funding model the legislation is designed to rein in. The Milestone Foundation, backed by a newly formed advisory council and a client base of roughly 1,000, says its approach is built around reshaping how plaintiffs access funds while their cases are pending.

As reported by Law.com, the foundation is seeking to differentiate itself from conventional consumer litigation lenders, which advance cash to plaintiffs in personal injury and other cases in exchange for a share of any eventual recovery. Critics of that model have long argued that compounding fees can consume an outsized portion of a plaintiff's award, a concern that helped drive New York's move toward tighter regulation.

The timing is notable. New York's law arrives amid a broader national reckoning over consumer legal funding, with several states weighing disclosure requirements, rate caps, and other guardrails on the practice. By advancing a nonprofit alternative as the regulatory landscape shifts, the Milestone Foundation is testing whether a mission-driven structure can coexist with — and compete against — established commercial funders.

The development underscores how regulation and market innovation are increasingly moving in tandem within consumer legal funding. For plaintiffs, lawyers, and funders alike, New York's experience may offer an early indication of how alternative models perform once stricter rules are in place.

Privilege Expert Argues TPLF Agreements Are Not Automatically Shielded From Disclosure

A new comment letter to the Advisory Committee on Civil Rules contends that third-party litigation funding (TPLF) agreements do not automatically qualify for protection under the attorney-client privilege or the work-product doctrine — directly challenging one of the funding industry's central objections to a federal rule mandating disclosure.

According to AskAboutTPLF, an initiative of Lawyers for Civil Justice, the letter was authored by Bradley partner and privilege specialist Todd Presnell, who takes no position on whether a disclosure rule should be adopted. Presnell argues that TPLF agreements fail all four requirements needed to trigger attorney-client privilege: they are not communications, they are not between a client and lawyer, they lack confidentiality because funders are not parties to the litigation, and they do not contain legal advice or strategy. On that basis, he writes that he does "not perceive the attorney-client privilege or work-product doctrine as a barrier to adopting a mandatory-disclosure rule."

Two recent rulings are cited as support. In *Entangled Media, LLC v. Dropbox Inc.* (N.D. Cal., April 13, 2026), a court permitted a funded plaintiff to seal specific financial terms after in camera review while ordering production of the remainder of the agreement. In *A Co. Hungary KFT v. Bespalov* (Cal. App. 2d Dist., April 22, 2026), an appellate court affirmed $8,000 in sanctions against a judgment debtor who asserted work-product privilege as a blanket objection, holding that privilege claims over funding records must be made document by document.

The campaign argues these cases show courts already redact, seal, and log privileged materials routinely, and that TPLF agreements require no different treatment.

North Carolina Becomes First State to Ban Third-Party Litigation Funding

North Carolina has become the first state in the nation to enact an outright ban on third-party litigation funding, after Governor Josh Stein signed House Bill 315 into law. The measure makes it unlawful for outside investors to finance civil lawsuits in exchange for a financial interest tied to the outcome of the case, marking a significant departure from the disclosure-and-transparency approach adopted by other states.

As reported by WWAY-TV3, the law defines litigation investment as providing money for the fees, costs, or expenses of pending or potential civil proceedings in return for compensation contingent on the result. The statute authorizes the state attorney general to seek injunctions and civil penalties against violators, though certain activities are carved out from the prohibition.

The bill drew broad legislative support, passing the House unanimously and clearing the Senate by a 45-1 margin. Business groups, including the North Carolina Chamber and the U.S. Chamber of Commerce's Institute for Legal Reform, backed the measure, arguing it strengthens the state's legal and business climate. Critics counter that third-party funding can expand access to the courts for parties who otherwise lack the resources to pursue meritorious claims.

The development represents a notable escalation in the regulatory debate over litigation finance in the United States. While states such as Ohio and others have advanced transparency requirements, North Carolina's outright prohibition sets a new precedent that funders, defense interests, and legislators in other jurisdictions are likely to watch closely.

Coalition Urges Congress to Curb Foreign Third-Party Funding Targeting the Energy Industry

A coalition of 21 organizations led by the American Energy Alliance (AEA) has called on congressional leaders to close a tax provision that allows third-party litigation financiers to treat their profits as capital gains rather than ordinary income. The group argues the loophole enables foreign investors to extract effectively tax-free returns from U.S. court outcomes, with the American energy sector squarely in the crosshairs.

According to the American Energy Alliance, the letter was sent on June 22 to House Speaker Mike Johnson, Senate Majority Leader John Thune, and the tax-writing committees in both chambers. The coalition contends that foreign sovereign wealth funds and geopolitical rivals have deployed substantial capital into U.S. energy-related litigation, creating national security vulnerabilities through undisclosed financing arrangements.

"Foreign nationals and foreign corporations with no U.S. presence pay no U.S. withholding tax on these gains," said AEA President Tom Pyle. The letter frames third-party litigation funding as a high-yield alternative asset class and warns that foreign entities are weaponizing it in disputes over climate claims, intellectual property, mergers, and environmental regulation.

The campaign reflects the growing convergence of litigation finance, tax policy, and national security in Washington. While the letter does not cite a specific bill, its focus on capital gains treatment signals that funders' tax positions — long a secondary concern in the disclosure debate — are emerging as a distinct front in the broader fight over third-party funding.

Irwell Backs Addept With Expanded Legal Expenses Insurance Capacity

Irwell Insurance Company has agreed a five-year capacity partnership with managing general agent Addept Insurance Services, significantly expanding the legal expenses insurance (LEI) capacity available to the UK specialist. The deal builds on an arrangement first struck in April 2025 and is designed to give Addept longer-term planning stability as demand for LEI cover accelerates.

As reported by Insurance Business, the expanded capacity will allow Addept to underwrite a greater volume of business, though financial terms were not disclosed. "Securing strong, quality capacity is a key strategic priority to maintain our pace of growth," said Addept managing director Richard Finan. Irwell chief executive Giles Reading said the partnership is focused on "delivering products that offer fair value to policyholders."

The agreement comes against a backdrop of mounting pressure on the UK's employment tribunal system. Caseloads reached 68,192 at the end of January 2026 — a nearly 50% year-on-year increase — while total outstanding claims now exceed 500,000 and disposals have fallen by roughly 20% over the same period.

Sweeping legislative changes are expected to drive claim volumes higher still. The Employment Rights Act 2025 will extend the claim time limit from three to six months in October 2026, and from January 2027 the qualifying period for unfair dismissal claims will drop from two years to six months, with the compensation cap removed. For LEI providers, the reforms point to sustained demand — and a growing need for the kind of durable underwriting capacity the Irwell-Addept deal is intended to supply.

“Take Care of Maya” Family Battles Former Lawyers Over $42M Litigation Loan

The family at the heart of the Netflix documentary "Take Care of Maya" is now locked in a dispute with its former attorneys over the proceeds of a litigation loan, in a case that puts the mechanics of litigation finance in an unusually public spotlight. Jack Kowalski and his daughter Maya, whose ordeal with a rare chronic illness and a Florida hospital drew national attention, are challenging the fees claimed by the lawyers who once represented them.

As reported by Bloomberg Law, the dispute centers on a $42 million litigation funding loan and nearly $10 million in attorneys' fees now in contention. The family's current counsel alleges that the prior firm, AndersonGlynn LLP of Jacksonville, "committed flagrant, serious, and repeated violations of their professional, ethical, and fiduciary duties" during the representation. The matter is being heard in Florida's Twelfth Judicial Circuit.

The fight illustrates a recurring tension in funded litigation: when sizable awards meet layered financing arrangements and contingency fees, the division of proceeds can become its own battleground. Disputes over how loan repayments, interest, and legal fees are calculated against a recovery are increasingly common as litigation finance scales.

For an industry often criticized for operating out of public view, the high profile of the Kowalski case offers a rare, concrete look at how litigation loans intersect with attorney compensation — and what can go wrong when the relationship between client, counsel, and funder breaks down.

Ohio Senate Passes Landmark Third-Party Litigation Funding Transparency Bill

The Ohio Senate has passed House Bill 105, advancing what supporters describe as one of the most comprehensive third-party litigation funding measures in the country and sending it to Governor Mike DeWine for signature. The legislation targets what its sponsors call an opaque, billion-dollar industry in which anonymous or foreign actors can shape the course of American lawsuits without disclosure.

According to the Ohio House of Representatives, the bill requires parties to disclose the existence of litigation funding agreements to others in a case and bars the sharing of confidential court documents with funders. Sponsored by Reps. Meredith Craig and Jim Thomas, HB 105 would also require both consumer legal funding companies and commercial litigation financiers to register with the Ohio Attorney General before operating in the state, including disclosures about their leadership and affiliations.

The measure goes further than disclosure alone. It prohibits funders from influencing counsel selection, litigation strategy, or settlement decisions, and bars them from paying referral fees to attorneys. In a provision drawing national attention, the bill also restricts any foreign government, foreign corporation, or foreign investor from participating in third-party litigation funding within the state.

Business groups, including small-business advocates, have praised the bill as overdue transparency reform, while critics warn it could chill legitimate access to capital for plaintiffs. With the legislation now before Governor DeWine, Ohio is positioned to become an early bellwether for how aggressively states will regulate litigation finance.

UK Judge Disallows £30,000 Success Fee Over Inadequate Legal Expenses Insurance Checks

A senior English costs judge has struck out a law firm's entire £30,000 success fee after finding that the firm failed to make reasonable inquiries into its client's existing legal expenses insurance before signing him to a conditional fee agreement. The ruling is a pointed reminder of the diligence funders and firms must exercise around pre-existing coverage before committing a client to risk-based financing.

As reported by Legal Futures, the case, Evans v Fletchers, arose from a 2017 motorcycle accident. The claimant, Peter Evans, had legal expenses insurance through his Zurich home policy, yet the firm took out after-the-event insurance and did not seriously investigate the existing cover until 2019. The claim settled in 2021 for £250,000 plus costs, and the firm billed £61,615, including a £30,365 success fee capped at 25% of damages.

Senior Costs Judge Jason Rowley disallowed the success fee in full, calling the firm's "desultory enquiries" fundamentally inadequate. He noted that specialist personal injury solicitors should have known the legal expenses insurer often differs from the home insurer, that inquiries made two years after the accident demanded greater diligence, and that the correspondence appeared designed to discourage a useful response. A competing firm, he observed, had easily identified the actual insurer.

The decision underscores that since success fees became largely unrecoverable after 2013, courts expect rigorous investigation of available "before-the-event" cover — a discipline with direct implications for how litigation is financed in the UK.

How to Avoid Getting Scammed in Litigation Finance: Lessons From a $10,000 Loss

By John Freund |

A cautionary first-person account from a retail investor is circulating as a warning about the risks lurking in consumer-facing litigation finance products — not in the underlying legal strategy, but in the structures wrapped around it. The piece arrives as more individual investors are drawn to litigation finance by promises of uncorrelated returns and pristine track records.

As reported by Alternative Assets, author Stefan von Imhof describes losing $10,000 in Fenchurch Legal's SPV 4, a vehicle marketed as financially sound with a "zero" default rate across hundreds of loans. The parent company entered administration in April 2026, putting more than 580 investors at risk of losing most or all of their capital. The core problem, he argues, was not the litigation lending itself but a special-purpose-vehicle structure that lacked genuine bankruptcy remoteness, leaving investors exposed to outside creditors.

His takeaways are blunt. A "0% default rate" is meaningless when platforms define default themselves. True ringfencing requires multiple legal protections, not marketing language, and most retail vehicles he examined were missing at least one. Named security trustees, insurers, and fund managers can disavow involvement when contacted directly. Audit opinions, he stresses, are the most revealing document, citing a reported £782 million in work-in-progress against only £87 million in deployed capital.

The overarching lesson for prospective investors is simple: independently verify every named entity rather than trusting the offering documents — a discipline that separates legitimate litigation finance from its imitations.

UK’s Global Rivals Capitalize as PACCAR Funding Reform Stalls

By John Freund |

The United Kingdom's long-promised overhaul of litigation funding regulation has stalled again, and rival jurisdictions are moving to capture the investment that uncertainty is pushing offshore. Nearly three years after the Supreme Court's 2023 decision in *PACCAR* rendered most litigation funding agreements unenforceable by treating them as damages-based agreements, the government has yet to deliver the corrective legislation it pledged.

As reported by The Times, the continued delay is undermining the competitiveness of England and Wales as a global hub for commercial litigation and arbitration. The Ministry of Justice announced in December 2025 that it intended to clarify that litigation funding agreements are not damages-based agreements, with legislation to follow "when parliamentary time allows." But the 2026 King's Speech omitted any litigation funding bill from the legislative programme, leaving funders and claimants without the statutory certainty they had been promised.

Industry participants have voiced deep disappointment, warning that the absence of reform creates an opening for offshore centers that have already implemented clearer rules on funder involvement. While those jurisdictions compete for capital, the UK continues to develop its framework largely through case law, with little appetite for comprehensive statutory change.

The practical effect, observers note, is that funders weighing where to deploy capital may increasingly look beyond London. For a market that has long marketed itself as the world's premier venue for high-value disputes, the prolonged *PACCAR* limbo carries real economic stakes.