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Community Spotlights

Community Spotlight: Caroline Taylor, Founding Partner, Ignitis

By John Freund and 4 others |

Caroline Taylor is a Founding Partner of Ignitis, an early-stage litigation funder focused on developing cases to assess viability and prepare them for full litigation. With over a decade of litigation experience, Caroline brings a unique blend of funding expertise and strategic legal insight, leveraging an extensive professional network to support cases from inception to resolution. Ignitis partners with claimants, foundations, corporate clients, lawyers, experts, funders, and other legal professionals to ensure that each case has what it needs to maximize its chance of success.

Before founding Ignitis, Caroline was a partner at a leading international collective redress firm. She played a key role in expanding the firm’s European operations, including opening offices across several countries, assembling and leading teams, and driving case development and management. Her work in securing litigation funding helped support the development of over 30 cases across Europe and the UK. Caroline’s ability to seamlessly integrate operations between U.S. and European offices proved instrumental in advancing initiatives on both sides of the Atlantic. Her deep understanding of collective redress procedures in multiple European jurisdictions, combined with her experience taking cases from concept to resolution, makes her well-suited for her role at Ignitis.

During her time in private practice, Caroline specialized in class actions, complex litigation, and personal injury cases, gaining firsthand experience of the impact corporate misconduct can have on individuals. This exposure sharpened her litigation skills and solidified her commitment to justice. Caroline also served in several leadership roles, including as a Board Member of the American Association for Justice, Chair of its Railroad Section, and as a Board and Executive Committee Member of the Tennessee Trial Lawyers Association. She has received numerous accolades, including recognition by The National Trial Lawyers, Best Lawyers in America, and Super Lawyers. Caroline is a frequent speaker at international legal conferences.

She is admitted to practice in Tennessee, Florida, and Kentucky state courts, as well as in numerous federal and appellate courts in the United States and England and Wales.

Company Name and Description: Ignitis AG is an early-stage funding company. Ignitis was founded to solve a critical challenge: parties often need initial capital to develop the case into something viable to attract larger litigation funders. Essentially, to secure funding, one must first invest capital. Drawing on decades of experience in litigation and institutional investment, we are uniquely positioned to provide the capital and expertise needed to kickstart cases and drive them toward resolution. We focus solely on early-stage funding, ensuring that quality cases get the financing they need to be successful while increasing access to justice.

Company Website: www.ignitisag.com

Year Founded: 2024

Headquarters: Zug, Switzerland

Area of Focus: We focus specifically on initial case development and early-stage funding. We put our money in at initial, risky stages, to develop the case and prepare it for full funding and filing. We not only inject capital, but we also provide expertise and advice along the way to ensure that the case has the greatest opportunity for success.

Member Quote: "Too many meritorious cases never make it to court, not because they lack merit, but because the injured parties lack the financial resources or the know-how to move forward. At Ignitis, we are committed to improving access to justice by investing in cases that other funders might overlook and offering the expertise needed for thorough case development—ensuring more individuals have their day in court."

Community Spotlights

Community Spotlight: Kishore Jaichandani, Founder and Managing Director, CAVEAT CAPITAL

By John Freund and 4 others |

Kishore Jaichandani is a founder and Managing Director of CAVEAT CAPITAL and an
expert in litigation funding and related advisory services globally. He has a unique
combination of financial and, legal acumen with having Bachelor of Law., Company
Secretary, MBA (Finance) and CIMA qualifications and have rich professional experience
working on these areas for more than 25 years.

He assists law firms, corporates, and individuals globally in obtaining non-recourse
financing for commercial litigation and arbitration cases. He is committed to creating value
for lawyers and, their clients to have access to the information and expertise they need
to negotiate fair funding agreements in the event of litigation in the competitive legal
market. His expertise includes developing financial solutions to help law firms and big
corporations to mitigate risk, and achieve their growth strategies, including using litigation
portfolios as collateral for off-balance sheet working capital, and monetizing litigation and
judgments.

Company Name and Description: CAVEAT CAPITAL arranges to provide litigation finance solutions
that address clients’ unique challenges. We manage entire litigation funding process, utilize our capital
sources and negotiate with various stakeholders for our clients. We arrange to meet
clients’ litigation costs to provide a better solution for P&L, working capital support, and
budgets to optimize recovery efforts to transform the legal cost from cost center to value
generator.

CAVEAT CAPITAL assesses the feasibility and options for obtaining legal finance /
litigation or arbitration funding. We are highly skilled and experienced in providing clients
with honest and reliable assessments of the funding opportunities of each case.

Company Website: www.caveat-capital.com

Year Founded:  2022

Headquarters:  Dubai, UAE

Area of Focus: Litigation Funding / Legal Finance / Third Party Funding 

Member Quote: “Transform your legal costs into Value Generation”

Commercial Special Features

Key Takeaways from LFJ’s Virtual Town Hall: Spotlight on AI & Technology

By John Freund and 4 others |

On Thursday, February 27th, LFJ hosted a virtual town hall on AI and legal technology. The panel discussion featured Erik Bomans (EB), CEO of Deminor Recovery Services, Stewart Ackerly (SA), Director at Statera Capital, David Harper (DH), co-founder and CEO of Legal Intelligence, and Patrick Ip (PI), co-founder of Theo AI. The panel was hosted by Ted Farrell, founder of Litigation Funding Advisers.

Below are some key takeaways from the discussion:

Everyone reads about AI every day and how it's disrupting this industry, being used here and being used there. So what I wanted to ask you all to talk about what is the use case for AI, specific to the litigation finance business?

PI: There are a couple of core use cases on our end that we hear folks use it for. One is a complementary approach to underwriting. So initial gut take as to what are potentially the case killers. So should I actually invest time in human underwriting to look at this case?

The second use case is a last check. So before we're actually going into fund, obviously cases are fluid. They're ever-evolving. They're changing. So between the first pass and the last check, has anything changed that would stop us from actually doing the funding? And then the third more novel approach that we've gotten a lot of feedback

There are 270,000 new lawsuits filed a day. Generally speaking, in order to understand if this lawsuit has any merit, you have to read through all the cases. It's very time consuming to do. Directionally, as an application, as an AI application, We can comb through all those documents. We can read all those emails. We can look through social and digest public information to say, hey, these are the cases that actually are most relevant to your fund. Instead of looking through 50 or 100 of these, these are the top 10 most relevant ones. And we send those to clients on a weekly basis. Interesting.

I don't want you to give up your proprietary special sauce, but how are you all trying to leverage these tools to aid you and deliver the kind of returns that LPs want to see?

SA: We can make the most effective use of AI or other technologies - whether it's at the very top of the funnel and what's coming into the funnel, or whether it's deeper down into the funnel of a case that we like - is that we try to find a way to leverage AI to complement our underwriting. We think about it a lot on the origination side just making us more efficient, letting us be able to sift through a larger number of cases more quickly and as effectively as if we had bodies to look through them all, but also to help us just find more cases that may be a potential fit.

In terms of kind of the data sources that you rely on. I think a question we always think about, especially for kind of early stage cases is, is there enough data available? For example, if there's just a complaint on file, is that going to give you enough for AI to give you a meaningful result?

I think most of the people on this call would tell you duration is in a lot of ways the biggest risk that funders take. So what specific pieces of these cases is AI helping you drill down into, and how are you harnessing the leverage you can access with these tools?

DH: We, 18 months ago or so, in the beginning of our journey on this use case in law, were asked by a very, very big and very well respected personal injury business in the UK to help them make sense of 37,000 client files that they'd settled with insurers on non-fault motor accident.

And we ran some modeling. We created some data scientist assets, which were AI assets. And their view was, if we had more resources, we would do more of the following things. But we're limited by the amount of people we've got and the amount we get per file to spend on delivering that file. So we developed some AI assets to investigate the nearly 40,000 cases, what the insurers across different jurisdictions and different circumstances settled on.

And we, in partnership with them, improved their settlement value by 8%. The impact that had on their EBITDA, etc. That's on a firm level, right? That's on a user case where a firm is actually using AI to perform a science task on their data to give them better predictive analysis. Because lawyers were erring on the side of caution. they would go on a lowball offer because of the impact of getting that wrong if it went to court after settlement. So I think for us, our conversations with financiers and law firms, alignment is key, right? So a funder wants to protect their capital and time - the longer things take, the longer your capital's out, the potential lower returns.

AI can offer a lot of solutions for very specific problems and can be very useful and can reduce the cost of analyzing these cases, but predictive outcome analysis requires a lot of data. And so the problem is, where do you get the data from and how good is the data? How unstructured or structured are the data sets?

I think getting access to the data is one issue. The other one is the quality of the data, of course, that you put into the machine. If you put bad data in a machine, you might get some correlations, but what's the relevance, right? And that's the problem that we are facing.

So many cases are settled, you don't know the outcome. And that's why you still need the human component. We need doctors to train computers to analyze medical images. We need lawyers and people with litigation experience who can tell a computer whether this is a good case, whether this is a good settlement or a bad settlement. And in the end, if you don't know it because it's confidential, someone has to make a call on that. I'm afraid that's what we have to do, right? Even one litigation fund or several litigation funders are not going to have enough data with settlements on the same type of claim to build a predictive analytical model on it.

And so you need to get massive amounts of data where some human elements, some coding is still going to be required, manual coding. And I think that's a process that we're going to have to go through.

You can view the full panel discussion here.

Community Spotlights

Community Spotlight:  Maz Ghorban, President, Rockpoint Legal Funding

By John Freund and 4 others |

As President of Rockpoint Legal Funding, Maz Ghorban brings over 25 years of leadership experience spanning the legal services, call center, and software industries. With a proven track record of scaling private and public companies, Maz drives Rockpoint’s mission to empower plaintiffs by providing critical funding, accessible medical treatment, and operational efficiencies for law firms.

Based in Los Angeles, Maz oversees Rockpoint’s innovative offerings, which include pre-settlement and post-settlement funding, plaintiff and litigation funding, and medical lien purchases. He is also leading the launch of Rockpoint Probate Funding, a groundbreaking initiative aimed at providing financial relief to beneficiaries and executors navigating the complex probate process. This service enables heirs to access funds for urgent expenses such as medical bills, funeral costs, and daily living needs, bridging the gap during inheritance delays.

Before joining Rockpoint, Maz served as Executive Vice President and Business Unit CEO at Alert Communications, where he enhanced operational efficiencies for law firms nationwide by leading the largest legal-only intake call center in the United States. Prior to that, he was Vice President of Global Services at AbacusNext (now Caret), a premier provider of practice management solutions for law and accounting firms. His leadership roles also include serving as Vice President of Corporate Strategy and M&A at OnSolve, a leader in emergency mass notification solutions.

Earlier in his career, Maz held senior management roles at West Corporation and Raindance, where he focused on post-sale operations and corporate strategy. As Senior Vice President of Corporate Strategy at MIR3, he spearheaded mergers and acquisitions, including the successful sale of the company to Veritas Capital. With a comprehensive understanding of the legal services lifecycle, Maz has dedicated two decades to supporting plaintiff and defense firms with case acquisition, case management, IT/technology solutions, and firm operations.

A recognized thought leader in the legal and financial services industries, Maz frequently shares his expertise on topics such as litigation funding, corporate strategy, and operational excellence. Outside of his professional endeavors, Maz is a passionate Pittsburgh Steelers fan who enjoys teaching boxing, playing musical instruments, and spending quality time with his family.

Under Maz’s leadership, Rockpoint Legal Funding continues to set industry benchmarks for innovation, excellence, and client satisfaction. His strategic vision and unwavering commitment position the company as a trusted partner for plaintiffs, law firms, and beneficiaries seeking comprehensive financial solutions in the legal sector.

Company Name and Description:  Rockpoint Legal Funding provides tailored financial solutions for plaintiffs and law firms, offering critical funding to individuals involved in litigation, including personal injury and employment cases. By bridging financial gaps during the legal process, Rockpoint empowers plaintiffs to access necessary medical care and living expenses while helping law firms streamline operations and maximize case outcomes.

Company Website: https://rockpointlegalfunding.com/

Year Founded: 2015

Headquarters:  Serving clients across the United States, with a strong presence and specialized focus in California.

Area of Focus: When individuals face financial challenges during the litigation process, Rockpoint Legal Funding provides essential solutions to bridge the gap. By offering pre-settlement and post-settlement funding, as well as medical lien purchasing, Rockpoint enables plaintiffs to access necessary medical care and cover living expenses without the financial strain.

Law firms also benefit from Rockpoint’s tailored funding solutions, which streamline operations and improve case outcomes. With a commitment to empowering plaintiffs and supporting legal professionals, Rockpoint Legal Funding plays a vital role in facilitating access to justice while driving efficiency and innovation in the legal funding industry.

Rockpoint continues to expand its impact through initiatives like Rockpoint Probate Funding, addressing financial needs during the complex probate process. For more information, visit Rockpoint Legal Funding.

Member Quote: "Don’t count the days, make the days count." - Muhammad Ali

Community Spotlights

Community Spotlight: Aisling Byrne, Co-Founder, Nera Capital

By John Freund and 4 others |

Aisling Byrne is the Co-Founder of Nera Capital, a pioneering legal funding provider reshaping the landscape of litigation finance. Hailing from Ireland, she co-founded Nera Capital in response to the financial challenges following the 2008 global economic downturn, recognising the need for innovative funding solutions to support law firms and their clients.

With deep expertise in litigation finance, she has driven Nera Capital’s expansion into the UK consumer market while spearheading commercial litigation funding across Europe and the USA. Under her leadership, the firm has played a pivotal role in funding landmark actions in many jurisdictions. Beyond her professional achievements, Aisling is a passionate equestrian, competing internationally in showjumping with a talented string of horses.

Company Name: Nera Capital

Company Description: Founded in 2011, Nera Capital was established with a bold vision - to revolutionise legal finance by seamlessly integrating modern technology with traditional values. By funding essential disbursements, Nera Capital empowers law firms to pursue justice without financial constraints, ensuring that clients can access the legal representation they deserve.

With a proven track record of delivering pragmatic funding solutions, Nera has helped partner firms achieve remarkable growth in a short time. More than just a funder, Nera Capital serves as a strategic partner, leveraging its industry expertise, technology and extensive network to drive success for its clients.

Company Website: neracapital.com

Year Founded: 2011

Headquarters: Ireland, with offices in Manchester and The Netherlands

Areas of Focus: Nera Capital provides Law Firm funding across a diverse range of claim portfolios, including Financial Mis-selling, Data Breach, Personal Injury, and more. Always at the forefront of legal finance, Nera continually explores new claim types and remains open to innovative funding opportunities.

Member Quote: “When it comes to litigation funding, strategy and collaboration are key. A well-structured funding solution requires more than just financial backing - it demands a deep understanding of legal complexities, a forward-thinking approach, and a team that is both skilled and adaptable. At Nera Capital, we believe in building long-term partnerships with law firms, providing them with not just capital, but also the strategic guidance and support needed to navigate challenges and maximise success. By combining financial and technical expertise with a keen insight into evolving legal landscapes, we ensure that meritorious claims receive the investment they need to deliver justice.”

Community Spotlights

Community Spotlight: Craig Geraghty, Legal Director, O’Connors Legal Services

By John Freund and 4 others |

Craig is a highly experienced corporate lawyer and Head of Corporate at O'Connors. His expertise covers a broad range of high-value transactions, including mergers and acquisitions, private equity deals, business reorganisations and restructurings, joint ventures, corporate governance, and regulatory matters. He also has significant experience of advising law firms on litigation funding arrangements.

Craig joined O'Connors from global law firm Bedell Cristin where he handled significant offshore transactional work in their Jersey office. Craig’s offshore experience is a valuable asset, particularly for O'Connors investment fund and insurance practices, while his expertise in litigation funding is a key asset for the firm's legal sector clients.

Company Name and Description: O’Connors Legal Services Limited (which trades as O’Connors). O'Connors is a nationally recognised firm of business lawyers and advisers. Although business sector agnostic, the firm has particular expertise in supporting legal businesses, including law firms, barristers' chambers and claims management companies. Its unique blend of corporate, commercial, insurance, and regulatory legal expertise and unparalleled sector knowledge delivers strategic support and innovative solutions to help legal businesses navigate the legal landscape, manage risk and capitalise on market opportunities.

Website: https://www.oconnors.law

Founded: 2003

Headquarters: Liverpool - additional office in London

Area of Focus: Corporate, Commercial, Commercial Insurance, Litigation Funding, Financial Services and Legal Services Regulation

Member Quote: “We are known as the law firm for law firms and our deep understanding of the legal regulatory landscape means we are perfectly placed to assist law firms in accessing the resources they need to pursue justice through litigation funding.”

Community Spotlights

Community Spotlight: Dane Lund, Managing Director, Juris Capital

By John Freund and 4 others |

Dane Lund has built a career at the intersection of law and finance, bringing a distinctive blend of legal acumen and financial expertise to the evolving world of litigation funding. He began his professional journey after graduating from Harvard Law School as a litigation associate at Willkie Farr & Gallagher in 2012, where he gained firsthand experience navigating complex commercial disputes and understanding the strategic nuances that drive legal outcomes.

Eager to broaden his perspective, Dane transitioned into investment banking, joining the Financial Sponsors Group at Barclays. There, he developed a rigorous foundation in evaluating risk, structuring deals, and analyzing the dynamics of capital markets—skills that would later prove invaluable in the realm of legal finance.

Following his time at Barclays, Dane pursued investment roles focused on equities, private debt, and legal finance, deepening his expertise across both traditional and alternative asset classes. This diverse background positioned him perfectly for the litigation finance space, where legal strategy and capital management intersect. In 2024, he joined Juris Capital as Managing Director, where he helps shape the firm’s approach to funding commercial litigation.

At the core of Dane’s investment philosophy is a simple yet powerful belief: “Patient capital wins.”

For Dane, this isn’t just a tagline—it’s the guiding principle. Litigation is inherently unpredictable, often requiring strategic persistence and disciplined, long-term thinking to achieve the best outcomes. In an industry where quick returns are rare, Dane emphasizes that success comes from having the foresight to invest thoughtfully and the patience to see cases through to their full potential.

“We’re experiencing a sea change in how law is practiced,” says Dane. “Legal finance isn’t just a funding mechanism—it’s a catalyst for innovation within the legal sector.”

Company Name and Description: Juris Capital provides funding for commercial litigation claims. The firm collaborates with businesses and law firms to support the financial aspects of pursuing complex legal matters. Dane notes that Juris’s approach is shaped by its understanding of legal processes and the financial considerations involved in managing long-term investments. Its focus spans a variety of case types, including breach of contract disputes, corporate governance issues, and antitrust matters.

Website: https://www.juriscapitalcorp.com/

Founded: 2009

Headquarters: Chicago

Member Quote: “Legal finance is expanding beyond traditional litigation into areas like legal tech, contingent risk management, and law firm operations. It’s not just about funding cases anymore—it’s about unlocking value in legal assets that were previously considered illiquid or inaccessible. That’s where the future lies.”

Community Spotlights

Community Spotlight: Burke McDavid, Co-Chair of the Investment Management & Private Funds Industry Group, Winstead PC

By John Freund and 4 others |

Burke McDavid is a seasoned attorney with a comprehensive understanding of investment management, compliance and corporate law. With more than two decades of experience, he brings a wealth of experience in both private practice as well as overseeing legal and compliance matters as General Counsel and Chief Compliance Officer for a registered investment adviser managing funds focused on litigation funding.

Company Name and Description: Winstead is a leading Texas-based law firm with national practices serving clients across the country. We focus on exceeding our clients’ expectations by providing innovative solutions to their business and legal opportunities and challenges. We work as a trusted counsel to public and private companies, governments, individuals, universities, and public institutions.

Our business, transactions, and litigation practices serve key industries, including real estate, financial services, investment management and private funds, higher education and P3, airlines, healthcare and life sciences, sports business, and wealth management.

Company Website:  Winstead.com

Founded: 1973

Headquarters: Dallas, Texas

Areas of Focus: Investment Management and Private Funds

Member Quote: “Having assisted with the launch and operations of a litigation funding focused manager in 2013, and later having served as general counsel and chief compliance officer for that manager, I've seen the growth of the industry and enjoyed assisting with the unique challenges that funders and funding recipients face in structuring and working through funding relationships."

Community Spotlights

Community Spotlight: Patrick Yoder, CEO, Osage Capital

By John Freund and 4 others |

Osage Capital was founded by Patrick Yoder, an entrepreneur with over 20 years of experience at the intersection of healthcare and legal services. Patrick has led startups and publicly traded companies in both industries, including being the Chief Revenue Officer of one of the largest publicly traded Healthcare Management Companies in Texas and most recently, the President and Owner of Lone Star Attorney Service. Driven by a commitment to continuous improvement, Patrick established Osage Capital to address a critical need in personal injury cases: ensuring that victims receive timely access to healthcare while maintaining the strength of their legal claims.

Company Name and Description: At Osage Capital, our mission is to accelerate cash flow and growth for legal and medical professionals, providing the financial resources necessary to focus on achieving justice and favorable settlements. Our tailored solutions, including medical funding and pre-litigation financing, enable attorneys and healthcare providers to optimize their services for better outcomes.

By accelerating cash flow, Osage Capital ensures that clients can focus on their recovery without financial pressure, attorneys can concentrate on their legal strategy, free from concerns about case expenses, and healthcare providers receive prompt compensation, allowing them to maintain their cash flow and continue offering high-quality care without waiting for settlements to be finalized.

Company Website:  www.osagecapital.com

Founded:  2024

Headquarters: Houston, TX

Areas of Focus: Pre Litigation Finance and Medical Funding

Member Quote: “Our goal is to ensure that every party involved in a personal injury case is empowered to focus on their strengths. We streamline the financial aspect so that clients can heal, attorneys can pursue justice, and healthcare providers can deliver the care that’s needed—without delays."

Commercial People Moves

Nera Capital Kicks Off 2025 with Ambitious Recruitment Drive

By John Freund and 4 others |

Leading litigation finance firm Nera Capital is bolstering its already flourishing team, with several senior hires. A new In-House General Counsel, Managing Director of Commercial Claims Division and Financial Controller are currently being recruited to bolster the management team with new experienced talent.

In addition, the firm has already acquired a new financial analyst and the firm’s audit team is also branching out, with new hires expected to join its Manchester and Dublin offices.  Nera’s success comes after a period of sustained growth in the litigation finance market.

Director of Nera Capital Aisling Byrne shared her thoughts on the expanding team: 

“At Nera Capital, we believe that strong leadership and diverse talent are the cornerstones of our success. We don’t just work together - we grow together. Nera Capital is a place where passion, strategy, and collaboration meet, creating an environment where every team member can thrive and make a meaningful impact. I’m very proud of what we’ve achieved so far. Our expansion isn’t just about numbers - it's about nurturing a vibrant culture of collaboration and innovation that empowers us to take major steps forward in the litigation finance space.”

The firm ended the year on an undoubtable high with the introduction of its Access to Justice Fund to assist those in need of legal assistance or financial support. 

In yet another successful funding deal, Nera also managed to procure a further $25 million to boost UK consumer protection claims and ensure increased access to justice for individuals seeking redress. The firm also recently announced the opening of its Dutch office in Amsterdam as it takes on more work in the Netherlands, adding to its locations in Dublin and Manchester. 

Aisling added: "With every fresh perspective we welcome, we are igniting a powerful movement in litigation finance - one driven by passion, purpose, and an unwavering dedication to ensuring that justice is within reach for all.

“Together, we will continue to push boundaries and redefine what's possible in litigation finance. But most importantly, we will continue to make a difference and increase access to justice for all.

She added: “I’d like to thank our amazing team and partners in the UK, US and across Europe for greatly contributing to our success. We look forward to what the future holds.” 

Commercial Special Features

Key Takeaways from LFJs Virtual Town Hall: Spotlight on the Middle East

By John Freund and 4 others |

On January 29th, LFJ hosted a virtual town hall titled "Spotlight on the Middle East." The event featured a panel of key stakeholders in the region, including Obaid Bin Mes'har (OBM), Dispute Resolution Specialist at WinJustice. Nick Rowles-Davies (NRD), Chief Executive Officer of Lexolent, Kishore Jaichandani (KJ), Managing Director of Caveat Capital, and Ahmed Hammadi (AH), Legal Director at DLA Piper. The event was moderated by Jonathon Davidson, dispute resolution lawyer and Founding Partner at Davidson & Co.

Below are key takeaways from the event:

Historically, there's been very large scale construction and engineering cases here. Do you find those predominantly to be the fundable cases, or are we looking at general commercial litigation and shareholder disputes? Is there more of an even spread?

AH: There are two comfort zones as we see them now. And the two comfort zones are generally banking and construction. The banking goes back a while, back to 2014 when you had the DIFC case of Saracen, which I think even prompted the DIC to seriously consider putting litigation funding into his practice directions in 2017. But I'd say those are the comfort zones for a few reasons. And the principal ones are their core industries and sectors, in this region and not just in the UAE. Even as it disputes, though, I think you might agree, Jonathan, that construction touches all of our lives in one way or another even if you try to avoid it.

Secondly, these industries have customary documents. Right? So with construction, you have FIDEC. Obviously, there are some employers that will have a little bit of a bespoke contract, but they are kind of coming out of the internationally accepted standards or norms. And similarly with banking, you have a lot of LMA documents. So you have concepts that are understood internationally, albeit you'll have some local flavor in your interpretation, application, interest, concurrent delay, how they deal with guarantees, and that sort.

In terms of budgets, what's your experience on whether funders have to adopt the same level of budgeting here as elsewhere in the world, or where there's a different approach? Are certain type of proceedings, maybe the onshore proceedings, are they leaner in terms of fees?

KJ: In terms of budgets, legal budgets in the Middle East are increasingly aligned with global markets now, especially after the ATGM and the ISC and, especially for the complex litigation arbitration. So that is still based on factors like jurisdiction, legal framework, market maturity. It depends where is the claim, like a Saudi, UAE, Qatar, Oman.

So onshore litigation in Middle East jurisdictions like Saudi, Oman, Qatar, they often have a lower cost in comparison to the western jurisdictions like the UK, US and Europe. This is due to this due to the simplified court process, lower attorney fees here, and fewer procedural stages. For example, we have seen a case which is having $5,000,000 claim size in Riyadh. And the budget for that case was $250,000 as legal fees. In contrast, you see similar cases in the US Federal Court System that could exceed $1,000,000.

How do the economics work from a funder's perspective? So we have cases here, funder's must have a minimum ticket to make the economics work. Does that change if you're in common law jurisdictions when you factor in cost that you might have to pay as as the defendant's cost if you lose as the claimant, vis a vis the civil proceedings where that that might not factor in?

NRD: The basic principles of funding don't change whether you're in the GCC or whether you're in Europe. So if you're in the local court, the exposure from most international funders in local court funding is in relation to enforcement of arbitral awards rather than funding disputes, because the budgets, as we've discussed, tend to be a bit lower, and there isn't a massive appetite for international funders to fund in local courts. And also, of course, they're in Arabic, which tends to limit the number of funders that can actually operate there. So, funders will be operating in the offshore jurisdictions, the IFC, ADGM, where there are cost shifting rules and there is adverse costs. Now one of the challenges with that is there aren't a lot of ATE or insurance carriers that can write ATE insurance in the DIFC or ADGM. So you have to use indemnities from a funder backed off maybe in London or by an insurer that's happy to ensure the funder in a different UK jurisdiction.

So it can be done, and it's something that we have to take account of. So it's there, and it's no different from any other cost shifting jurisdiction.

In the local civil jurisdictions, we call them the onshore courts in the UAE, has any progress been made in having those courts formally recognize funding? How would you fund a local case, and who who funds it? Is it international funders or is it local investors?

OBM: I would like to make a distinction here between the onshore court and offshore courts, on the ground that each court has its own rules and regulations. For onshore, they don't have to regulate third party, as of today. So they don't actually contain any provisions which prohibit the funding by third parties. I used to do it for the last 15 years, and the contract regulates the parties' relationship. So if you are funding in the local market in the onshore courts, the contract regulates the relationship.

So we didn't face any problems since there's no regulation on that issue. However, in offshore, yes. ATGM and DIFC, they have their own regulations, and they have certain conditions you have to disclose in the agreement. You have to disclose that you inform the second parties, the opponent parties. Otherwise, you might no execute that contract. So if a funding contract in the local Arabic courts was to be challenged, then our analysis is the court would uphold the terms of the contract.

To watch the full recording of the event, please click here.

Commercial People Moves

Stephen Kyriacou Exits Aon

By John Freund and 4 others |

Stephen Kyriacou, Managing Director and Senior Lawyer at Aon, is stepping down from his role effective immediately. Kyriacou has joined Willis Tower Watson as Head of Litigation and Contingent Risk Solutions.

In a LinkedIn post, Kyriacou thanks his colleagues and partners in the litigation and contingent risk insurance market, and notes the meteoric growth the sector has undergone during his five-and-a-half year tenure at Aon.

Kyriacou's exit comes on the heels of Aon's recent decision to halt all litigation funding transactions, a move that perhaps signals a broader reconsideration of the insurance sector's role within the legal funding sector. Aon's decision was no doubt influenced by several large losses sustained by the judgement preservation insurance (JPI) market, including the reversal of a $1.6 billion claim that left insurers on the hook for $500-$750 million.

In a successive LinkedIn post, Kyriacou notes his new role as Head of Litigation and Contingent Risk Solutions at Willis Tower Watson. Kyriacou states: "I am delighted to be joining the extremely talented WTW Private Equity and Transaction Solutions team, and am looking forward to getting to know my new colleagues and getting to work on new placements with all of the insurance carrier partners that I have built relationships with over the past five-and-a-half years."

Kyriacou also noted: "It has been a privilege and an honor to work with everyone on the Aon AMATS team, especially Stephen Davidson, who has been one of the best bosses and mentors I've ever had."