Stay informed with updates and key industry developments shaping the global finance litigation landscape.

A class action was filed on 16 December 2024 on behalf of QNews Pty Ltd and Sydney Times Media Pty Ltd against Google LLC, Google Pte Ltd and Google Australia Pty Ltd (Google). 

The class action has been commenced to recover compensation for Australian-domiciled website and app publishers who have suffered financial losses as a result of Google’s misuse of market power in the advertising technology sector. The alleged loss is that publishers would have had significantly higher revenues from selling advertising space, and would have kept greater profits, if not for Google’s misuse of market power. 

The class action is being prosecuted by Piper Alderman with funding from Woodsford, which means affected publishers will not pay costs to participate in this class action, nor will they have any financial risk in relation to Google’s costs. 

Anyone, or any business, who has owned a website or app and sold advertising space using Google’s ad tech tools can join the action as a group member by registering their details at www.googleadtechaction.com.au. Participation in the action as a group member will be confidential so Google will not become aware of the identity of group members. 

The class action is on behalf of all publishers who had websites or apps and sold advertising space using Google’s platforms targeted at Australian consumers, including: 

1. Google Ad Manager (GAM);
2. Doubleclick for Publishers (DFP);
3. Google Ad Exchange (AdX); and
4. Google AdSense or AdMob. 

for the period 16 December 2018 to 16 December 2024. 

Google’s conduct 

Google’s conduct in the ad tech market is under scrutiny in various jurisdictions around the world. In June 2021, the French competition authority concluded that Google had abused its dominant position in the ad tech market. Google did not contest the decision, accepted a fine of €220m and agreed to change its conduct. The UK Competition and Markets Authority, the European Commission, the US Department of Justice and the Canadian Competition Bureau have also commenced investigations into, or legal proceedings regarding, Google’s conduct in ad tech. There are also class actions being prosecuted against Google for its practices in the ad tech market in the UK, EU and Canada. 

In Australia, Google’s substantial market power and conduct has been the subject of regulatory investigation and scrutiny by the Australian Competition and Consumer Commission (ACCC) which released its report in August 2021. The ACCC found that “Google is the largest supplier of ad tech services across the entire ad tech supply chain: no other provider has the scale or reach across the ad tech supply chain that Google does.” It concluded that “Google’s vertical integration and dominance across the ad tech supply chain, and in related services, have allowed it to engage in leveraging and self-preferencing conduct, which has likely interfered with the competitive process”. 

Quotes 

Greg Whyte, a partner at Piper Alderman, said: 

“This class action is of major importance to publishers, who have suffered as a result of Google’s practices in the ad tech monopoly that it has secured. As is the case in several other 2. jurisdictions around the world, Google will be required to respond to and defend its monopolistic practices which significantly affect competition in the Australian publishing market”. 

Charlie Morris, Chief Investment Officer at Woodsford said: “This class action follows numerous other class actions against Google in other jurisdictions regarding its infringement of competition laws in relation to AdTech. This action aims to hold Google to account for its misuse of market power and compensate website and app publishers for the consequences of Google’s misconduct. Working closely with economists, we have determined that Australian website and app publishers have been earning significantly less revenue and profits from advertising than they should have. We aim to right this wrong.” 

Class Action representation 

The team prosecuting the ad tech class action comprises: 

• Law firm: Piper Alderman
• Funder: Woodsford
• Counsel team: Nicholas de Young KC, Simon Snow and Nicholas Walter

Rockpoint Legal Funding proudly participated in the annual conference hosted by the Consumer Attorneys of California (CAOC), showcasing its commitment to supporting legal professionals and their clients. As the only funding company endorsed by CAOC, Rockpoint Legal Funding leveraged this premier event to connect with new and prospective partners reinforcing its position as a trusted funder within California’s legal community.

The CAOC is a prestigious network of attorneys dedicated to protecting the rights of California consumers. Each year, the organization hosts its annual convention, bringing together some of the brightest legal minds and innovators in the industry. For Rockpoint Legal Funding, this event was an invaluable opportunity to demonstrate its unwavering dedication to empowering attorneys and their clients through tailored legal funding solutions.

During the convention, Rockpoint operated a booth where team members engaged with attendees, offering insights into the company’s services and how they benefit both legal professionals and consumers seeking justice. From new attorneys looking for funding solutions to established firms aiming to streamline their case workflows, Rockpoint provided personalized advice and showcased its comprehensive suite of legal funding options.

“Rockpoint is proud to partner with the Consumer Attorneys of California. We take a lot of pride in serving the attorneys and their clients of this prestigious organization,” said Ramtin Ghaneeian, Founding Partner of Rockpoint Legal Funding. His statement highlights the company’s commitment to strengthening its collaboration with CAOC and continuing to support its mission of safeguarding the rights of California consumers.

President of Rockpoint Legal Funding, Maz Ghorban, emphasized the value of building strong relationships at events like this, stating, “It’s a privilege to connect with our law firm partners at the CAOC convention each year while ensuring our values align with protecting California consumers through legal recourse.”

Rockpoint’s presence at the CAOC annual convention underscores its dedication to fostering meaningful connections within the legal community. By being the only CAOC-endorsed funding company, Rockpoint reinforces its credibility and reliability in the legal funding landscape. This endorsement is a testament to Rockpoint’s shared vision with CAOC in championing consumer rights and providing critical support to those navigating the justice system.

For attorneys and law firms, Rockpoint Legal Funding offers a variety of non-recourse funding solutions, ensuring clients have the financial support they need during ongoing litigation. This commitment aligns perfectly with CAOC’s mission to advocate for justice and fairness for California consumers.

As Rockpoint continues to deepen its relationships with legal professionals, events like the CAOC annual convention remain a cornerstone of its outreach efforts. The company looks forward to future collaborations and furthering its impact within the legal community.

For more information about Rockpoint Legal Funding and its services, visit Rockpointlegalfunding.com or call (855) 582-9200.

About Rockpoint Legal Funding

Rockpoint Legal Funding is a leading provider of non-recourse legal funding solutions, serving attorneys and their clients with unparalleled expertise and care. With a mission to empower justice and support favorable case outcomes, Rockpoint is committed to providing financial assistance during critical times, ensuring no one is denied access to legal recourse due to financial constraints.

Top litigation finance firm Nera Capital is ending the year on a high with the announcement of yet another successfully closed funding deal, this time securing $25 million to bolster UK consumer protection claims.

The funding, secured through a US-based investment partner, reflects yet another significant milestone for the firm as it continues to build momentum and strengthen its foothold in the market. 

This recently closed funding deal builds on a prosperous year of growth for Nera Capital, further demonstrating its capabilities across the globe. The investment will be directed towards advancing claims that protect UK consumers, enabling greater access to justice for individuals seeking redress.

With offices in Dublin, Manchester, and Amsterdam, Nera Capital has consistently demonstrated its commitment to driving innovation and impact in litigation finance worldwide. This latest funding announcement underscores Nera Capital’s ability to forge strategic international partnerships that deliver meaningful results. 

In 2024, Nera have hit record numbers of settlements, deployment and company profitability but also grown major portfolio positions in Europe and the USA.

Aisling Byrne, Director at Nera Capital, commented on the announcement: “We are happy to have closed yet another significant funding deal, further cementing our position as a leading force in consumer protection litigation. We anticipate this initial facility figure will increase as our partnership strengthens and thrives over time.

She added: “This is not just about financial growth; it’s about expanding our ability to make a difference. With this funding, we are reinforcing our commitment to fairness and justice, empowering consumers, and holding organisations accountable.”

The announcement follows the recent launch of Nera Capital’s £250,000 Access to Justice Fund, aimed at providing legal and financial support to those who may otherwise face barriers to justice.

The firm’s efforts come at a time of heightened focus on consumer rights across the world, driven by evolving legal frameworks, increased attention to data privacy, and growing concerns about sustainability and corporate accountability.

“This funding is another step forward in a year of tremendous progress for Nera Capital,” Aisling continued.

“As we look to 2025, we remain committed to leveraging our resources and expertise to protect consumers and advocate for justice on both sides of the Atlantic.“ 

About Nera Capital 

·       Established in 2011, Nera Capital is a specialist funding provider to law firms.  

·       Provides Law Firm Lend funding across diverse claim portfolios in both the Consumer and Commercial sector. 

·       Headquartered in Dublin, the firm also has offices in Manchester and Holland. 

·       Member of European Litigation Funders Association

.     www.neracapital.com

The following was contributed by Aaron R. Winston, Strategy Director of Express Legal Funding.

Express Legal Funding, a nationally recognized pre-settlement funding company, is proud to announce the launch of its completely redesigned website. Built on a fully custom WordPress theme, the new website reflects the company’s commitment to innovation, usability, and educating clients through high-quality resources.

Custom-Built for an Exceptional Experience

Unlike generic templates, Express Legal Funding’s new site is crafted from the ground up to provide a tailored experience for its users. The custom theme ensures superior functionality, faster load times, and an optimized design that serves both plaintiffs and attorneys. Key elements were developed to improve user engagement and make essential resources more accessible.

Highlighting the Blog: A Resource Hub for Legal Education

One of the standout features of the new site is the expanded and enhanced blog section. The blog serves as a comprehensive resource hub, offering expert insights, step-by-step guides, and practical advice for personal injury plaintiffs and attorneys. Articles are carefully curated and optimized for clarity, ensuring visitors gain valuable knowledge about legal funding and related topics.

Recent posts include:

• Guaranteed Pre-settlement Funding: Eligibility & Approval
• Are Insurance Policies Public Record? Access & Privacy Law
• 15 Must Ask Questions in a Free Lawyer Consultation

Aaron Winston, Strategy Director at Express Legal Funding, shared, “Our blog has become an indispensable tool for helping consumers make informed legal and financial decisions. With the redesign, we’ve elevated it to a new level, blending visually engaging content with highly relevant information.”

Key Features of the Redesigned Website:

• Custom Theme Development: Tailored design and functionality to meet the unique needs of Express Legal Funding’s clients and partners.
• Interactive Case-Type Summaries: A dynamic widget allows visitors to explore various case types and their funding options in detail.
• Responsive Design: Built with mobile-first principles, ensuring a seamless experience across all devices.
• Enhanced Blog: A centralized platform for high-quality, SEO-optimized content that provides actionable insights and legal education.
• Transparent Pricing Comparison: A detailed section highlights how Express Legal Funding’s rates outperform competitors, reinforcing its commitment to affordability and fairness.

A Commitment to Transparency and User Empowerment

The new website demonstrates Express Legal Funding’s dedication to educating and empowering its audience. Each feature is designed with transparency and ease of use in mind, ensuring that clients have the tools and information they need to make confident decisions about pre-settlement funding.

“Our custom redesign reflects who we are as a company—dedicated, transparent, and forward-thinking innovators,” said Winston. “We’re excited to share our new look and continue to be a trusted resource for personal injury plaintiffs and attorneys.”

Visit the New Website Today

The newly redesigned website is now live at ExpressLegalFunding.com. Explore the updated features and discover how Express Legal Funding continues to bridge the gap between lawsuits and settlements through affordability, transparency, and client-centric services.

About Express Legal Funding:

Express Legal Funding is a pre-settlement funding company based in Plano, Texas, offering financial support to plaintiffs during their legal battles. With an emphasis on education, affordability, and transparency, the company empowers clients to cover essential living expenses while pursuing fair settlements.

Delta Capital Partners Management, an SEC registered investment adviser specializing in litigation and legal finance, is pleased to announce as additions to the firm Jason Searfoss as Chief Financial Officer, Elinoar Sofer as Chief Operations Officer, and Michael Ouliel as Chief Intelligence Officer. 

Mr. Searfoss will be responsible for Delta’s finance, accounting, and administrative functions and will oversee all capital market activities, tax and valuation matters. Ms. Sofer will oversee the day-to-day operations and management of Delta, while Mr. Ouliel will assist with business intelligence activities in the firm’s management and monitoring of the cases in its portfolio or under consideration for investment.

Mr. Searfoss, an advisor to numerous startup and growth-stage technology companies, is a Cofounder of and served as Chief Financial Officer and Chief Investment Officer of Boomtown, a leading technology startup accelerator with more than 200 portfolio companies. A veteran of the litigation finance industry, Mr. Searfoss was also the founding Chief Financial Officer, a General Partner, and member of the Investment Committee of Longford Capital, a leading litigation funder. “I have known and worked closely with Chris DeLise and the Delta team for well over a decade and I am excited about the future of the organization. Litigation finance is an attractive and evolving asset class, and Delta’s strengths stand out in the industry,” said Searfoss.

Prior to joining Delta, Ms. Sofer previously served as the Chief Operating Officer of BlackSwan Technologies, a leading global technology AI startup. In this capacity, she scaled the company across six subsidiaries within the US, EMEA and Asia and successfully raised capital and secured valuable commercial partnerships with leading Fintech companies. “I am thrilled to be joining the very talented team at Delta and I am looking forward to collaborating with Chris DeLise and the senior team in building on their ongoing success and executing Delta’s ambitious growth plans,” said Ms. Sofer.

Before his tenure at Delta, Mr. Ouliel founded and acted as the CEO of Ripples Homeland Security Group. Ripples was a global technology company with a focus on building large and complex intelligence and investigation systems for governments and large multinational enterprises globally. Mr. Ouliel was also the founder and CEO of BlackSwan Technologies, where he was named among the Top 50 AI CEOs of 2021 by Technology Innovators magazine. In recent years, Mr. Ouliel has been acting as a special advisor to multiple governments and federal agencies in the area of technology, primarily focused on intelligence, counter terror, HUMINT, and extremism. Mr. Ouliel expressed that he is “thrilled and excited to join the excellent team at Delta” and that the opportunity presented an “outstanding value proposition and business model for which his “skills and expertise will bring unique opportunities to the litigation funding market.”

Christopher DeLise, Delta’s founder, CEO and Co-CIO stated that he is “very proud to have such esteemed professionals join Delta as it is continues its growth and development in dynamic markets and verticals. The litigation finance industry has significantly changed over the past 14 years, which necessitates bringing on board very seasoned professionals to best enable the firm to adapt and profit from these developments. I have known each of Jason, Michael and Elinoar for over a decade, frequently collaborating on one-off projects, and therefore it made great sense to have them join the Delta team on a permanent basis as we embark on our latest set of growth initiatives and new product offerings.”   

About Delta

Delta Capital Partners Management LLC is a US-based, global asset management firm specializing exclusively in litigation and legal finance, judgment and award enforcement, and asset recovery.  Delta creates bespoke financing solutions for professional service firms, businesses, governments, financial institutions, investment firms, and individual claimants to enable them to investigate claims, pursue litigation or arbitration, recover assets, enforce judgments or awards, and more effectively manage their risks, cash flow, and capital expenditures.

Litigation Capital Management Limited (AIM:LIT), a leading international alternative asset manager of disputes financing solutions, is pleased to announce the appointment of David Collins, Chief Financial Officer, to its Board of Directors, effective immediately.

David has brought significant expertise and fresh perspective to LCM during his first five months as CFO, making a positive impact on the company’s financial operations and strategic planning. David is a Chartered Accountant and brings more than 20 years’ experience in senior finance and capital markets roles across a range of leading institutions including EY, Morgan Stanley, Och-Ziff Capital (now Sculptor Capital) and Prudential plc.

Jonathan Moulds, Chairman of LCM, commented: “David’s appointment to the Board reflects our confidence in his capabilities and his contributions to the business in a short period. We look forward to leveraging his experience as we continue to execute on our strategy for growth and value creation.”

The following information is disclosed in accordance with Schedule 2(g) of the AIM Rules for Companies:

David Andrew Collins, aged 47, holds/has held the following directorships/partnerships in the last five years:

Dr Rachael Kent’s over £1.5bn collective action against Apple for alleged overcharging in relation to the Apple App Store will go to trial on 6 January 2025. The Competition Appeal Tribunal has confirmed the trial will run for eight weeks, with the first week reserved as a reading week. Hearings will commence on 13 January 2025 at the Competition Appeal Tribunal, Salisbury Square House, 8 Salisbury Square, London EC4Y 8AP.

The claim, which seeks compensation for millions of UK consumers and businesses, alleges that Apple breached competition law by abusing its dominant position through its conduct relating to its App Store. According to the claim, Apple has excluded competition and charged unfairly high commissions of up to 30% on app and in-app purchases (including subscriptions) made on iPhones and iPads.

Dr Kent has issued a revised Trial Hearing Notice, available here, which confirms the trial schedule and provides further information about the case. For more information on the claim, visit www.appstoreclaims.co.uk/Apple. Class members are encouraged to check the website for updates about the claim, including access to Tribunal orders and further guidance. The Notice can also be found in the “Documents” section of the claim website.

For those interested in observing the trial, it will be open to the public both in person and online via the Tribunal’s website. A “Watch Now” link will be available under the Diary section on the Tribunal’s homepage (www.catribunal.org.uk) on the trial commencement date.

Further information on the claim

The legal claim applies to purchases made on many popular apps on iPhones and iPads, including Fortnite, YouTube and Tinder. It does not apply to apps providing “physical goods or services that will be consumed outside of the app”. These include Deliveroo and Uber, which are not required to use Apple’s payments system or pay Apple the disputed 30% commission on every purchase of and/or within their apps.

Affected app purchasers, on whose behalf the collective action is brought, will not pay costs or fees to participate in this legal action, which is being funded by Vannin Capital, a global litigation funder. The action is insured, which means that class members have no financial risk in relation to the claim.

Dr Kent is represented by Lesley Hannah, Sofie Edwards, Kio Gwilliam, Emma Poland, Jonathan Amior, Natalie Jukes, Jake Henderson, Abigail Masters and Kazi Elias at law firm Hausfeld & Co. LLP, with barristers Mark Hoskins KC and Matthew Kennedy from Brick Court Chambers, and Tim Ward KC, Michael Armitage and Antonia Fitzpatrick from Monckton Chambers

About Hausfeld & Co. LLP

Hausfeld is a leading international law firm specialising in competition law, with significant expertise in all aspects of collective redress and group claims.

Competition law expert Dr Liza Lovdahl Gormsen’s multi-billion pound case against Meta has been certified by the Competition Appeal Tribunal in London. Meta failed to prevent the case from proceeding as neither the Competition Appeal Tribunal nor the Court of Appeal granted Meta leave to appeal.

The case is now proceeding to trial, opening up the prospect of compensation for 46 million UK Facebook users.

Every Facebook user who were domiciled in the UK on 15 February 2024 and accessed Facebook at least once in the period between 14 February 2016 and 6 October 2023 will be automatically included in the case unless they opt out by 5 March 2025.

Dr Lovdahl Gormsen says: “We welcome the opportunity to hold Meta to account for abusing its dominant position by exploiting 46 million UK users’ data. Meta abused its market dominance by imposing unfair terms and conditions on UK users and imposing an unlawful price. We are very pleased that the Tribunal has approved me to go ahead and represent the class in our pursuit of redress for each individual affected”

The Tribunal ruled Meta’s attempts to challenge Dr. Lovdahl Gormsen’s claims were “insufficient” after expert testimony from leading economist Fiona Scott Morton, a former Deputy Assistant Attorney General for Economics at the U.S. Department of Justice’s Antitrust Division. Whilst Meta attempted to appeal this decision, the Court of Appeal in October refused permission for them to do so.

Class action claims have risen in the UK in the past three years but do not always receive a Collective Proceedings Order. As of November 2024, only a third of all cases have reached this stage, underscoring the importance of this decision.

Dr Lovdahl Gormsen’s case argues that Meta set an ‘unfair price’ for UK Facebook users. The “price” set for granting access to the social network was the surrender of UK users’ highly valuable personal data on a take-it-or-leave-it basis for access to the network. In return, users only received “free” access to Facebook’s social network, and zero monetary recompense whilst Facebook generated billions in revenues from its users’ data. This unfair deal was only possible due to Meta’s market dominance, meaning users had no other social network they could use to get the same service.

The claim seeks damages of at least £2.1 billion, plus interest, on aggregate for all UK consumers affected.

Kate Vernon, partner and Head of Competition Litigation Practice at law firm Quinn Emanuel, representing Dr Lovdahl Gormsen said: “This groundbreaking case promises to redefine the application of competition law in the context of data exploitation. It sets a legal framework for approaching this pivotal matter and represents a significant shift in how we address the associated critical issues.”

Dr Lovdahl Gormsen’s legal action is an opt-out class action brought under the Competition Act 1998 and the first to protect individuals’ data rights against Meta under competition law in England and Wales. The case is backed by some of Britain’s most prominent lawyers and economists, such as the Rt. Honourable Lord Neuberger, former President of the Supreme Court, Professor Richard Whish, Honorary Kings Counsel, economist Chris Pike, and Peter Vicary-Smith, former CEO of Which?.

A notice of the collective proceedings order, which sets out how users may opt out of the claim, can be found here.

About Dr Liza Lovdahl Gormsen

The case is being led on behalf of the class by Dr Liza Lovdahl Gormsen, Senior Research Fellow at the British Institute of International and Comparative Law (BIICL) and the director of the Competition Law Forum.The Competition Law Forum is a noted centre of excellence for European competition and antitrust policy and law.

In addition, Dr Lovdahl Gormsen is a Board Member of the Open Markets Institute and sits on the advisory board of the Journal of Antitrust Enforcement (OUP).

As an international expert in the field, Dr Lovdahl Gormsen co-authored the paper “Facebook’s Anticompetitive Lean in Strategies” (2019) and “Facebook’s Exploitative and Exclusionary Abuses in the Two-Sided Market for Social Networks and Display Advertising” (2021). The latter argues that antitrust enforcement is required to prevent the company from reinforcing its data-driven abuse of market power.

Dr Lovdahl Gormsen is represented by Quinn Emanuel Urquhart & Sullivan UK LLP, one of the UK’s leading competition law specialists. The case is spearheaded by Quinn Emanuel partner Kate Vernon, a highly respected competition law specialist, and assisted by partner Leo Kitchen, and associates Megan Hiluta, Aadil Master and Alexander Groes. Also advising Dr Lovdahl Gormsen are counsel Robert O’Donoghue KC of Brick Court Chambers, Tom Coates of Blackstone Chambers, Greg Adey of One Essex Court and Ian Simester of Fountain Court Chambers.

The case is being funded by Innsworth, one of the world’s largest civil litigation funders.

The International Legal Finance Association (ILFA) today announced the addition of Arcadia Finance to the only global association of commercial legal finance companies. 

Launching in June, Arcadia provides specialized services for U.S.-based commercial and patent litigation, domestic and international arbitration, and funding for a wide variety of other litigation-based assets, from mass torts and law firm lending to patent acquisition. 

“ILFA is pleased to welcome the newly founded Arcadia Finance to its growing membership base,” said Shannon Campagna, ILFA’s interim Executive Director. “Arcadia’s team is one of the most experienced in the industry, and the firm will play a crucial role in promoting the highest standards of operation and service for the commercial legal finance sector worldwide.” 

Arcadia was founded by three litigation finance industry veterans with over 25 years of combined experience and who have invested over $425 million across 80+ deals. The trio formerly led various legal and investment units at ILFA member firms, and each holds the title of managing director at Arcadia: Dave Kerstein, former managing director and senior investment officer at Validity and senior investment manager at Bentham IMF, now Omni Bridgeway; Ronit Cohen, former portfolio counsel at Validity and legal counsel at Bentham IMF; and Joshua Libling, former director of risk analytics at Validity. 

“At Arcadia Finance, we believe that innovative financial solutions are a crucial part of the legal industry and capable of benefitting all participants in their pursuit of just outcomes,” Joshua Libling, Managing Director, stated. “ILFA is the preeminent industry association and we’re proud to join it and to share our expertise in pursuit of responsible and sustained evolution of our industry. We look forward to working alongside other leaders to set new standards and expand the possibilities of legal finance.” 

About the International Legal Finance Association 

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate, and influence legislative, regulatory, and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official. 

About Arcadia Finance 

Arcadia is a U.S. commercial litigation, patent litigation, and domestic and international arbitration-focused legal funder offering solutions to all participants in the legal market. Led by industry veterans with over $425 million invested across over 80 deals, the firm offers customized financial solutions for all — from litigation boutiques to AmLaw firms and corporations. Arcadia’s mission is to invest in meritorious litigation, and with backing from multiple and flexible capital providers, the team find new ways to help clients and law firms finance, monetize, and share risk on their legal assets. Arcadia aims to make securing litigation funding as fast and convenient as possible. Going beyond traditional litigation finance agreements, Arcadia provides “frictionless funding” through the adaptable and transparent partnerships necessary for clients and law firms to make the most well-informed decisions. At every stage from pre-litigation to appeal and enforcement, Arcadia has the experience, flexibility, and capital to assist. 

For more information, visit https://www.arcadiafin.com/meet-our-team

Reid Zeising is the Founder and CEO of Gain, a company transforming the personal injury landscape. Gain integrates the industry’s leading AI-enhanced Letter of Protection (LOP) servicing platform with professionally managed services and financial solutions, serving healthcare providers, attorneys, and plaintiffs. 

Company Name and Description: Gain

Company Website: gainservicing.com

Year Founded: 2011

Headquarters:  3424 Peachtree Road, Atlanta, GA 30326, United States

Area of Focus:  Personal Injury ecosystem

Member Quote: Gain is committed to leveling the insurance playing field for those injured through no fault of their own, ensuring they have access to the quality healthcare and financial peace of mind they deserve.

Fenchurch Legal, a specialist in litigation funding for small and medium-sized UK law firms, has strengthened its board with the appointment of The Rt Hon Ranil Jayawardena as a non-executive director.

This appointment reinforces Fenchurch Legal’s strategic priorities of bringing independent views to its board, which enhances its governance processes, risk oversight, and decision-making capabilities.

As a former Cabinet Minister and Member of Parliament for North East Hampshire, Ranil Jayawardena brings a distinguished track record. During his tenure in government, he held key positions, including International Trade Minister and Environment Secretary, where he worked on post-Brexit trade agreements, national infrastructure, and agricultural policy. Prior to his political career in Westminster, Ranil built his experience in the financial sector at Lloyds Banking Group – and served his community in local government, where he was responsible for £400 million AUM.

Louisa Klouda, CEO of Fenchurch Legal, said: “We are delighted to welcome Ranil to the board as we embark on our next phase of growth. Ranil’s knowledge and experience of regulation and financial services, alongside his experience as a Non-Executive Director on other boards, will be invaluable during this important time. Ranil’s external oversight will complement our existing board, enhancing our focus on strong governance and risk management.”

Commenting on his new role, Ranil Jayawardena added: “Having served in government for many years, I am excited to embark on this new chapter in business and support Fenchurch Legal’s growth ambitions. Litigation funding is an important enabler of access to justice, and I look forward to contributing to the company’s continued success.”

Prominent legal funder, Nera Capital, is spreading festive cheer this holiday season with the opening of its £250,000 Access to Justice Fund for those in need of support.

The firm plans to launch the generous fund in December, which will be open to individuals throughout the world who are in need of legal assistance or financial support. With no limitation on the amount an individual can apply for, each application will be assessed by a committee on its merits and urgency. 

Speaking about providing this important assistance, Nera Capital Director Aisling Byrne explained: “The fund will provide critical support for those who have been harmed, marginalised or ignored. “It aims to assist those in vulnerable situations, whether by funding the pursuit of legal claims or offering general support. For example, the fund could help families living in hazardous housing conditions who lack the financial means to relocate to safer, more suitable accommodation. This could include a council property in severe disrepair causing health issues.”

She continued: “The fund is dedicated to empowering individuals to overcome systemic neglect and improve their circumstances.” As an international litigation funder, Nera Capital, already assists individuals who have fallen victim to financial mis-selling, data breach, undisclosed commissions, personal injury and more.

Established in 2011 in Ireland from the aftermath of the 2008 global economic downturn, Nera Capital was born to support local individuals who could no longer secure loans from traditional banks. The company pioneered a unique approach by structuring loans attached to personal injury or probate claims, providing much-needed liquidity to law firms seeking justice for its clients.

This innovative strategy quickly gained traction and fuelled the company’s growth, which now operates in five jurisdictions and has offices in Ireland, UK and The Netherlands funding law firms around the globe. For Ms Byrne, opening up the Access to Justice Fund is a way for the successful company to give back while recognising the reason they started Nera Capital.

She explained: “The firm was established with a bold ambition to assist individuals and families and revolutionise the legal finance sector by blending modern technology with traditional values, all while supporting access to justice.

Additional information on the fund and how to apply can be found on the Nera Capital website: www.neracapital.com.

About Nera Capital 

·       Established in 2011, Nera Capital is a specialist funding provider to law firms.  

·       Provides Law Firm Lend funding across diverse claim portfolios in both the Consumer and Commercial sector. 

·       Headquartered in Dublin, the firm also has offices in Manchester and Holland. 

·       Member of European Litigation Funders Association

.     www.neracapital.com

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, today announced the addition of West U Capital to the organization’s rapidly growing membership base. 

West U Capital is an intellectual property investment firm actively seeking and engaging in a broad range of transactions, including patent litigation funding, law firm financing, patent acquisition, patent-based lending, or some combination of the four. West U’s team has decades of intellectual property-centric investment and capital management experience to provide patent owners and law firms with a range of capital options to help them monetize their patents and grow their businesses. 

“As the world’s leading association representing the commercial legal finance industry, ILFA is excited to welcome West U Capital as its newest member,” said Shannon Campagna, ILFA’s interim Executive Director. “The addition of West U and their IP investment and litigation expertise demonstrates the increasingly diverse arenas in which legal finance helps businesses and entrepreneurs access justice. The firm will play a significant role in promoting the highest standard of operation and service for the commercial legal finance sector across investment areas.”

The firm was founded by Managing Partners Joseph Kessler and Mark Roche. Two experienced leaders in the intellectual property space, Kessler formerly co-founded and managed the IP Finance team at Fortress Investment Group, an ILFA member, and Roche co-founded and managed AT&T’s intellectual property arm, Knowledge Ventures, before co-founding IP investment firm Techquity Capital Management. 

“Joining ILFA marks an exciting milestone for West U Capital,” said Roche. “We’re eager to contribute our expertise in patent litigation and law firm financing to ILFA’s ongoing efforts to shape the future of commercial legal finance.” Kessler added, “ILFA’s dedication to promoting transparency and ethical practices aligns with our values at West U. We look forward to collaborating with fellow members to drive innovation and ensure the continued growth and integrity of our industry.” 

About the International Legal Finance Association 

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate, and influence legislative, regulatory, and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official. 

About West U Capital 

West U Capital is an intellectual property-centric investment and capital management firm providing a variety of capital options to help maximize the value of intellectual property, including patent acquisitions, litigation funding, law firm financing, patent-based lending, and hybrid or tailored combinations. Its partners include small and medium companies, multinational corporations, research entities, and universities from a wide array of technology and market sectors across geographical regions. With decades of transactional and investment experience, West U’s growing team has underwritten, executed, managed, and exited hundreds of IP-related investments and transactions involving billions in invested capital. 

For more information, visit https://www.westucapital.com/

The International Legal Finance Association (ILFA), the global voice of commercial legal finance, has today commented on the new position of BEUC, The European Consumer Organisation, on the use of commercial funding for collective redress as expressed in their paper ’Justice unchained – BEUC’s view on third party litigation funding’. 

The BEUC paper acknowledges several key points:

• Third-party litigation funding (TPLF) is essential to guarantee European consumers access to justice.
• There is ‘insufficient evidence’ for the repeated, unsubstantiated claims of the US Chamber of Commerce that TPLF undermines the justice system.
• There is ‘no need to add further EU rules regulating TPLF’ at this time and additional regulation of TPLF risks ‘disproportionately disadvantaging consumer organisations’ and increasing the cost of litigation for those accessing funding. 

Following the publication of the report, Neil Purslow, Chairman of the Executive Committee of ILFA, commented:

‘BEUC, the pre-eminent voice of consumer organisations in the EU, rightly recognises the vital role funders played in enabling equal access to justice for consumers in collective redress. As BEUC highlights, litigation funding not only levels the playing field for consumers, but also deters corporate wrongdoing by strengthening consumer organisations in exercising their rights.

We support the BEUC conclusion that further regulation at the EU level at this time does not make sense and that existing tools provide safeguards to ensure the system works fairly. While our critics like the US Chamber of Commerce continue to push unsubstantiated claims to constrain access to justice, BEUC has been able to see through and identify the clear benefits of litigation funding for consumers.’ 

The full paper from BEUC can be found here. 

About ILFA

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the global voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. For more information, visit www.ilfa.com and like us on LinkedIn and X @ILFA_Official. 

About BEUC

BEUC is the umbrella group for 44 independent consumer organisations from 31 countries. Their main role is to represent them to the EU institutions and defend the interests of European consumers, covering areas such as competition, consumer rights, digital rights, redress and enforcement, financial services, safety, sustainability and trade policy.

The book La Financiación de Litigios en derecho español y comparado: estado del mercado y su regulación, (Thrid Party Funding in Spanish and Comparative Law) published by ARANZADI LA LEY, is being presented by Ramco Litigation Funding and ICADE University. This work provides clarity and reflection on this figure, which is undoubtedly a tool that helps to dynamise the legal sector and provides better access to justice.

This is the first collective book, with 21 leading authors, on Litigation Funding in Spain and is a guide to the status, nature and regulation of this figure in Spain and in Comparative Law. It is aimed at all professionals in the legal sector and includes, in a novel way, in a single work, the perspective of professionals from different areas of the legal sector (professors, lawyers, in-house lawyers, company lawyers, arbitrators, financiers, etc.) both nationally and internationally, on the different aspects of Litigation Funding. The book has been published in Spanish and will be published in English language at the beginning of next year.

Since the first funders entered Spain in 2017, Litigation Finance has seen exponential growth year on year, following the trend observed in other countries. Spain is the fourth country in its use in Europe, after the United Kingdom, Germany and the Netherlands, as indicated in the European Parliament report.

In recent years, the Spanish market has experienced a growing demand from companies, law firms and individuals, who see Litigation Finance as a tool to monetise their legal assets, reduce costs and manage risks.

The book was presented las Wednesday at ICADE’s headquarters with the intervention of the Dean of the Faculty of Law and author, Abel Veiga, who stated that a work of this nature was necessary for reflection and debate on this figure in Spain. Urquiola de Palacio, exchairman of the UIA and arbitrator, the book’s prologue writer, commented on the importance of the work in Spain, as well as its potential impact in other jurisdictions, and suggested that it should be translated into English in order to be sent to the European Commission in the process of research being carried out on the regulation of Litigation Funding.

The round table was moderated by Diego Agulló (professor of International Law in ICADE)  and the speakers were Antonio Muñoz Murillo, director of litigation at Iberdrola; Paulino Fajardo, partner at HSF Kramer; Ruth Rodríguez Lazcano, lawyer at the Technical Office of the Supreme Court; and Cristina Soler, CEO of Ramco Litigation Funding.

Antonio Muñoz Murillo spoke about the importance of the in-house figure in companies and the need for legal departments to adapt to business structures in order to be proactive, exploring new models that exist in the market to add value to their operations.

Paulino Fajardo insisted on the need to normalise the figure of the litigation funder as just another operator in the market and not as something extraordinary. He stated that lawyers owe it to their clients, and that it is up to their clients to decide whether or not to use these structures, while maintaining the lawyer’s total independence.

For her part, Ruth Rodriguez explained the importance of reference works to guide judges and help them to better understand the framework and the use of funders.

Cristina Soler closed the event by thanking all the authors and ICADE, highlighting how important it is for Ramco to have promoted a book of this magnitude to raise awareness of this figure, which continues to grow in Spain with a high degree of user satisfaction, as stated in the recent report published by Ramco in 2023. He insisted that funders do not generate more frivolous litigation, as they study cases in depth and their chances of success; on the contrary, they generate resources for better access to justice.

Ramco will continue to promote valuable activities that provide information and help to improve the understanding of Litigation Finance in a transparent and coherent manner.

For more information: www.ramcolf.com  

The UK Competition Appeal Tribunal (CAT) has certified the £7 billion claim against Google brought by Nikki Stopford, a consumer rights campaigner, on behalf of tens of millions of UK consumers – rejecting Google’s attempt to torpedo the claim early, and adding to the Big Tech firm’s legal and regulatory woes.

The specialist UK court will require Google to defend its longstanding conduct in the search engine market, after approving the landmark legal action brought by Nikki Stopford and legal firm Hausfeld & Co LLP.

The claim accuses Google of exploiting its dominance in the search market to increase advertising costs, which were ultimately passed on to consumers. With certification now secured, millions of UK consumers are poised to pursue compensation for the economic harm caused by Google’s conduct.

The CAT’s decision is the latest in a series of setbacks for Google’s parent company Alphabet, which is fighting to preserve its all-important dominance in online search globally. Earlier this month, the US Department of Justice (DoJ) proposed that the US courts should force Google to sell its Chrome web browser, prohibiting Google from entering into agreements that make it the default search engine on smartphones and browsers, and additional restrictions to ensure its Android smartphone software does not favour Google Search.

The full CAT judgment can be viewed here. The UK court dismissed Google’s arguments in full, including its attempt to have the claim struck out. The CAT held that Ms Stopford had put forward a serious case and authorised her to act as the class representative and permitted the claim to proceed to trial.

Following the CAT’s certification, Ms Stopford will represent all UK-domiciled consumers aged 16 years or over who, during the period from 1 January 2011 until 7 September 2023 (inclusive), purchased goods and/or services from a business selling in the UK, which used search advertising services provided by Google. The action is being brought as an opt-out collective action, meaning that everyone in the UK affected is automatically included as a claimant in the case unless they opt out.

The case against Google

The collective action argues that Google used its dominant position in the UK search engine market to overcharge advertisers and that these costs were then passed directly on to the consumer.

Google forced mobile phone handset manufacturers to pre-install the Google Search and Google Chrome browser apps on devices that used Google’s Android operating system; and

Google paid billions to Apple to ensure that Google was the default search engine on all devices, such as the iPhone, that used Apple’s iOS operating system.

Other proceedings

The DoJ action follows a long legal fight brought by the DoJ and several Attorneys General in the US, culminating in a judgment in August 2024 by the District Court of Columbia, which found that Google’s conduct is anti-competitive and unlawful.

This judgment also supports Nikki Stopford’s claim that Google’s commercial agreement with Apple foreclosed the market for search on iOS devices, as do recent findings by the UK Competition and Markets Authority.

Meanwhile, the European Commission imposed the biggest fine in history on Google for the anti-competitive practices in Android.

It is alleged that the abuses by Google are possible because Google is set as the default search engine account for at least 94% of the mobile device sector, by usage. Google Ads generated over $224 billion in revenue in 2022, accounting for almost 80% of parent company Alphabet’s revenue ($283 billion in 2022).

Nikki Stopford, the class representative in the action, said:

“This green light from the tribunal is a significant victory for UK consumers. Almost everybody uses Google as their go-to search engine, trusting it to deliver quality results at no cost. But its service isn’t genuinely free because its dominance has resulted in increased costs for consumers. Google has been warned repeatedly by competition regulators. Yet it continues to rig the market to charge advertisers more, which raises the prices they charge consumers. This action seeks to promote healthier competition in digital markets, and to hold Google accountable and ensure that consumers are compensated for the harm caused by its conduct.”

Luke Streatfeild, Partner at legal firm Hausfeld & Co LLP, who is leading the litigation, said:

“This judgment is good news for UK consumers, as the case for compensation brought by our client on their behalf can now proceed to trial. The judgment is also helpful in clarifying the standard for assessing exclusionary conduct by dominant companies, in particular in digital markets with high barriers to entry, and it will be a useful reference point in future cases that aim to promote fairer competition and better outcomes for consumers in those marketplaces.”

Further information

The certified claim against Google is being brought at the CAT against Alphabet Inc., Google LLC, Google Ireland Limited and Google UK Limited under CAT Claim No. 1606/7/7/23.

Who is eligible to be part of the claim?

All that is necessary is that a consumer purchased goods or services from a business who advertised using search advertising services provided by Google. It is not necessary for them to have seen the goods or services advertised on Google or used Google to purchase the goods or services. This is because the claim says that these higher prices affected all a business’ products if it advertised on Google.

Those who are interested in finding out more about the claim and signing up for regular updates should visit www.searchclaim.co.uk.

About the class representative

Nikki Stopford is co-founder of Consumer Voice and brings 25 years of experience in advocating and raising industry standards for consumers. She is Chair of the British Standard Institute’s Consumer Forum and a member of its Standards Policy and Strategy Committee. She has held executive leadership roles running successful digital and content-led consumer-facing businesses that have engaged and advocated for millions of consumers. Most notably, she was Group Director of Research and Publishing at Which? – the UK’s largest consumer organisation – for more than 10 years.

Additional notes

Affected claimants, on whose behalf the class action is brought, will not pay costs or fees to participate in this legal action, which is being funded by global commercial litigation funder Hereford Litigation. The action is insured, which means that class members have no adverse cost risk in relation to the claim.

Ms Stopford is represented by:

• Hausfeld & Co. LLP, Partners Luke Streatfeild and Simon Bishop, supported by Counsel Jonothan Broadbent and Stella Gartagani, Associates Natalie Jukes, Ginevra Bicciolo and Lisa Amrani and paralegals Martha Papapostolou and Alice Caroff
• Charles Rivers Associates, Oliver Latham, Vice President, supported by Director Sam Marden and Senior Associate Liam Connolly
• Rosamilia Consulting, Davide Rosamilia, co-founder and principal consultant
• Ben Lask KC of Monckton Chambers
• Daniel Jowell KC and Colin West KC, both of Brick Court Chambers
• Mehdi Baiou and (formerly) Andrew Lomas, both of One Essex Court.

Manolete (AIM:MANO), the leading UK-listed insolvency litigation financing company, today announces its unaudited results for the six months ended 30 September 2024. 

Steven Cooklin, Chief Executive Officer, commented: 

“These are a strong set of results, particularly in terms of organic cash generation. In this six-month period, gross cash collected rose 63% to a new record at £14.3m. That strong organic cash generation comfortably covered all cash operating costs, as well as all cash costs of financing the ongoing portfolio of 413 live cases, enabling Manolete to reduce net debt by £1.25m to £11.9m as at 30 September 2024. 

As a consequence of Manolete completing a record number of 137 case completions, realised revenues rose by 60% to a further record high of £15m. That is a strong indicator of further, and similarly high levels, of near-term future cash generation. A record pipeline of 437 new case investment opportunities were received in this latest six month trading period, underpinning the further strong growth prospects for the business. 

The record £14.3.m gross cash was collected from 253 separate completed cases, highlighting the highly granular and diversified profile of Manolete’s income stream. 

Manolete has generated a Compound Average Growth Rate of 39% in gross cash receipts over the last five H1 trading periods: from H1 FY20 up to and including the current H1 FY25. The resilience of the Manolete business model, even after the extraordinary pressures presented by the extended Covid period, is now clear to see. 

This generated net cash income of £7.6m in H1 FY25 (after payment of all legal costs and all payments made to the numerous insolvent estates on those completed cases), an increase of 66% over the comparative six-month period for the prior year. Net cash income not only exceeded by £4.5m all the cash overheads required to run the Company, it also exceeded all the costs of running Manolete’s ongoing 413 cases, including the 126 new case investments made in H1 FY25. 

The Company recorded its highest ever realised revenues for H1 FY25 of £15.0m, exceeding H1 FY24 by 60%. On average, Manolete receives all the cash owed to it by the defendants of completed cases within approximately 12 months of the cases being legally completed. This impressive 60% rise in realised revenues therefore provides good near-term visibility for a continuation of Manolete’s strong, and well-established, track record of organic, operational cash generation. 

New case investment opportunities arise daily from our wide-ranging, proprietary, UK referral network of insolvency practitioner firms and specialist insolvency and restructuring solicitor practices. We are delighted to report that the referrals for H1 FY25 reached a new H1 company record of 437. A 27% higher volume than in H1 FY24, which was itself a new record for the Company this time last year. That points to a very healthy pipeline as we move forward into the second half of the trading year.” 

Financial highlights: 

• Total revenues increased by 28% to £14.4m from H1 FY24 (£11.2m) as a result of the outstanding delivery of realised revenues generated in the six months to 30th September 2024.
  • Realised revenues achieved a record level of £15.0m in H1 FY25, a notable increase of 60% on H1 FY24 (£9.4m). This provides good visibility of near-term further strong cash generation, as on average Manolete collects all cash on settled cases within approximately 12 months of the legal settlement of those cases
  • Unrealised revenue in H1 FY25 was £(633k) compared to £1.8m for the comparative H1 FY24. This was due to: (1) the record number of 137 case completions in H1 FY25, which resulted in a beneficial movement from Unrealised revenues to Realised revenues; and (2) the current lower average fair value of new case investments made relative to the higher fair value of the completed cases. The latter point also explains the main reason for the marginally lower gross profit reported of £4.4m in this period, H1 FY25, compared to £5.0m in H1 FY24. 
• EBIT for H1 FY25 was £0.7m compared to H1 FY24 of £1.6m. As well as the reduced Gross profit contribution explained above, staff costs increased by £165k to £2.3m and based on the standard formula used by the Company to calculate Expected Credit Losses, (“ECL”), generated a charge of £140k (H1 3 FY24: £nil) due to trade debtors rising to £26.8m as at 30 September 2024, compared to £21.7m as at 30 September 2023. The trade debtor increase was driven by the outstanding record level of £15.0m Realised revenues achieved in H1 FY25.
• Loss Before Tax was (£0.2m) compared to a Profit Before Tax of £0.9m in H1 FY24, due to the above factors together with a lower corporation tax charge being largely offset by higher interest costs. 
• Basic earnings per share (0.5) pence (H1 FY24: 1.4 pence).
• Gross cash generated from completed cases increased 63% to £14.3m in the 6 months to 30 September 2024 (H1 FY24: £8.7m). 5-year H1 CAGR: 39%.
• Cash income from completed cases after payments of all legal costs and payments to Insolvent Estates rose by 66% to £7.6m (H1 FY24: £4.6m). 5-year H1 CAGR: 46%.
• Net cashflow after all operating costs but before new case investments rose by 193% to £4.5m (H1 FY24: £1.5m). 5-year H1 CAGR: 126%.
• Net assets as at 30 September 2024 were £40.5m (H1 FY24: £39.8m). Net debt was reduced to £11.9m and comprises borrowings of £12.5m, offset by cash balances of £0.6m. (Net debt as 31 March 2024 was £12.3m.)
• £5m of the £17.5m HSBC Revolving Credit Facility remains available for use, as at 30 September 2024. That figure does not take into account the Company’s available cash balances referred to above.

Operational highlights:

• Ongoing delivery of record realised returns: 137 case completions in H1 FY25 representing a 18% increase (116 case realisations in H1 FY24), generating gross settlement proceeds receivable of £13.9m for H1 FY25, which is 51% higher than the H1 FY24 figure of £9.2m. This very strong increase in case settlements provides visibility for further high levels of cash income, as it takes the Company, on average, around 12 months to collect in all cash from previously completed cases.
• The average realised revenue per completed case (“ARRCC”) for H1 FY25 was £109k, compared to the ARRCC of £81k for H1 FY24. That 35% increase in ARRCC is an important and an encouraging Key Performance Indicator for the Company. Before the onset and impact of the Covid pandemic in 2020, the Company was achieving an ARRCC of approximately £200k. Progress back to that ARRCC level, together with the Company maintaining its recent high case acquisition and case completion volumes, would lead to a material transformation of Company profitability.
• The 137 cases completed in H1 FY25 had an average case duration of 15.7 months. This was higher than the average case duration of 11.5 months for the 118 cases completed in H1 FY24, because in H1 FY25 Manolete was able to complete a relatively higher number of older cases, as evidenced by the Vintages Table below.
• Average case duration across Manolete’s full lifetime portfolio of 1,064 completed cases, as at 30 September 2024 was 13.3 months (H1 FY24: 12.7 months).
• Excluding the Barclays Bounce Back Loan (“BBL”) pilot cases, new case investments remained at historically elevated levels of 126 for H1 FY25 (H1 FY24: 146 new case investments).
• New case enquiries (again excluding just two Barclays BBL pilot cases from the H1 FY24 figure) achieved another new Company record of 437 in H1 FY25, 27% higher than the H1 FY24 figure of 343. This excellent KPI is a strong indicator of future business performance and activity levels.
• Stable portfolio of live cases: 413 in progress as at 30 September 2024 (417 as at 30 September 2023) which includes 35 live BBLs.
• Excluding the Truck Cartel cases, all vintages up to and including the 2019 vintage have now been fully, and legally completed. Only one case remains ongoing in the 2020 vintage. 72% of the Company’s live cases have been signed in the last 18 months.
• The Truck Cartel cases continue to progress well. As previously reported, settlement discussions, to varying degrees of progress, continue with a number of Defendant manufacturers. Further updates will be provided as concrete outcomes emerge.
• The Company awaits the appointment of the new Labour Government’s Covid Corruption Commissioner and hopes that appointment will set the clear direction of any further potential material involvement for Manolete in the Government’s BBL recovery programme.
• The Board proposes no interim dividend for H1 FY25 (H1 FY24: £nil).

The full report of Manolete’s half-year results can be read here.

Theo Ai, the first predictive AI platform for litigation, announces $2.2MM in pre-seed funding. The round was co-led by NextView and nvp capital with participation from Ripple Ventures, Beat Ventures, and SCVC Fund. Using a proprietary data model and prediction engine, Theo Ai helps legal professionals make educated decisions about the likely outcome of cases. The funding will be used to further enhance their prediction engine, expand practice categories, and accelerate customer growth.

With over 275,000 new lawsuits filed each day, choosing which cases to take is essential for the legal industry. The average mid-sized firm reviews roughly 650 cases per year, which can take anywhere between 7 to 30 days to manually review. With Theo Ai, that time is compressed into seconds – allowing legal teams to cover more ground and focus on winning cases. Led by Alex Alben (UCLA Law Professor and Tech Executive), Patrick Ip (ex-Google and UCLA Law MLS) and Tiago Luchini (4x CTO/Founder), Theo Ai is the first predictive tool to fully leverage the power of AI. Theo Ai enables customers to identify and predict cases with the highest odds of success, uncover cases they might have missed, and access case summaries and key financial drivers all in a single offering.

“With backgrounds in both law and tech, Theo Ai’s leadership team understands the complexities legal firms face and how to leverage advanced technology to address those challenges,” says Co-Founder and Partner at NextView, Rob Go. “Their experience allows them to build a platform that addresses the needs of the everyday economy and truly reflects the nuances of legal decision-making, giving customers a significant edge in strategy and case outcomes.”

“The legal industry is undergoing significant change and this technology will accelerate the drive towards efficiency and prediction analysis. Theo Ai is perfectly timed to address the increasing demand for next-gen B2B tools,” says Dan Borok, Managing Partner at nvp. “With a stellar team that has decades of expertise in both law and tech, Theo Ai is delivering the right solution when firms need it.”

“When the Ripple Ventures team first met the Theo Ai team, it was clear they had a deep understanding of customer workflows and pain points, rooted in their extensive legal expertise. Their vision for transforming the legacy legal industry with AI, combined with a proven track record as repeat founders, gave us strong confidence in their ability to execute,” says Dom Lau, Partner at Ripple Ventures.

The ability to accurately predict a case’s outcome is a game changer for legal professionals. By analyzing similar cases and likely arguments, Theo Ai’s data model estimates the probability of winning a case, in addition to predicting the estimated award. Early users of Theo Ai found that the platform’s algorithms verified the results of their underwriting and due diligence teams. With Theo Ai, firms have access to a data-driven pipeline using real-time analytics and predictive modeling as new facts and evidence emerge.

To learn more and join the waitlist for Theo Ai, visit: https://theoai.ai/#product

About Theo Ai
Theo Ai is the first predictive engine designed by technical and legal professionals to forecast the outcome of legal disputes. Its AI models are trained on historical case data and incorporate real-time analytics with predictive modeling to deliver accurate and actionable insights. Theo Ai is meeting the most critical need for legal professionals – offering accurate case outcome predictions, backed by data. To learn more and join the waitlist for Theo Ai, visit: https://theoai.ai/#product

The International Legal Finance Association (ILFA) today announced the recruitment of Rupert Cunningham as Global Director of Growth and Membership Engagement. In this role, Rupert will work to drive ILFA’s membership growth and retention, provide leadership and management to serve ILFA members, and promote global education and awareness of litigation finance.

Prior to joining ILFA, Rupert served as a Special Adviser to UK Justice Secretary and Lord Chancellor Alex Chalk KC. He advised the Lord Chancellor on courts, sentencing, and legal services policy and shepherded legislation to support the legal finance industry in England and Wales. Before his work in government, Rupert worked as a public affairs and policy consultant, helping build coalitions of clients and trade associations to achieve positive political outcomes.

“We are thrilled to announce the addition of Rupert Cunningham,” said Shannon Campagna, ILFA’s interim Executive Director. “Rupert’s experience working with membership and trade associations to build coalitions across industries and in the UK’s Ministry of Justice makes him uniquely suited for leading ILFA’s global growth and engagement.”

“I am delighted to be joining ILFA, the leading global organization advocating for the legal finance sector,” Rupert Cunningham said. “When I was in the Ministry of Justice, I saw firsthand how important third-party funding is for promoting access to justice, so I am glad to be supporting the industry by expanding ILFA’s membership and helping members amplify their voice with industry stakeholders and policymakers worldwide.” 

Rupert’s appointment demonstrates ILFA’s commitment to expanding legal finance industry representation across continents and extending the industry’s reach with legislative, regulatory, and judicial policymakers worldwide.

About the International Legal Finance Association   

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate, and influence legislative, regulatory, and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world.  

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

Legal-Bay, The Pre Settlement Funding Company, announced today that a New Hampshire court has just tossed out an initial $38 million award in favor of a paltry $475k payout even the presiding judge is calling “an unconscionable miscarriage of justice.”

Plaintiff David Meehan originally filed suit for the 100+ sexual abuse violations he suffered as a minor at a youth detention center in the 1990s. It turns out, he wasn’t the only victim. The case has garnered tremendous headlines for the egregious abuses inflicted upon underage boys and girls at that facility for years. As the whistleblower, Meehan was in a unique position to help subsequent victims who came forward with their own claims of abuse, the first of many to testify. One can only imagine the bravery it must have taken to recount in graphic detail the sexual misconduct he endured as a minor. While the case played out online and through the media, the opinion that mattered most was the jury’s; they found Meehan credible enough to award him $38 million, citing personal injury and punitive damages.

However, the jury instructions were not clear, and a technicality has now ensued: According to the verdict sheet, the jurors only listed “1 incident” on the jury form returned to the court after deliberations. Meehan’s lawyers, Rus Rilee and David Vicinanzo, had argued off the record that there needed to be more clarity to jurors, but to no avail. State law dictates that $475K is the cap per incident.

After hearing of the state’s assertion that the verdict was going to be revised down to $475k, several jurors reached out to Rilee to explain themselves regarding the misunderstanding and their intentions. They felt horrible about the lowered settlement amount and expressed how misinformed they were about the jury instructions in the case. Even the judge in a post-trial order felt the weight of the evidence reflected more than purely a lone incident. (Jurors have clarified post-trial that they meant one ongoing incident of PTSD from the abuse, and not one instance of the abuse itself, because clearly, they all believed his account of how he’d been raped multiple times on numerous occasions.)  

Chris Janish, CEO of Legal Bay, commented, “Legal-Bay has been one of the only companies who has been funding YDC cases since the start. So, with full disclosure, it is without question that we have a vested interest in seeing the plaintiffs prevail. However, aside from our personal belief in the veracity of the claims made, this new verdict is one of the gravest civil injustices our company has witnessed in almost twenty years of doing business. David Meehan was the first to report the abuse and win his case at trial, and now others stand to reap more from his courageous efforts than he will. We understand the state’s motivation to protect its taxpayers to some extent, but something just seems amiss here. We are optimistic that the civil justice system and politicians who support their local constituents will work out a more reasonable resolution whether through the courts or otherwise. And we hope that not only Meehan, but all the victims will get justice for the atrocities that occurred in the youth detention centers of New Hampshire and across the nation. That seems to be lost on the defense team and state’s position throughout all this, which is disappointing.”

If you’re a lawyer or plaintiff involved in an active sexual abuse lawsuit of any kind and need an immediate cash advance against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Legal Bay reports that the New Hampshire YDC litigation has over 1400 cases filed to date. When Legal Bay began funding early on—when no other company would—there were just eight plaintiffs. The company says the other victims have David Meehan and Rus Rilee to thank for their courage to take on the state in what has become one of the most egregious criminal and civil violations of children’s rights in U.S. History. 

Whatever the ultimate resolution, YDC cases in N.H. look to be winding down. But that is not the situation in many other litigations nationwide. There are tens of thousands of plaintiffs awaiting justice in many youth detention center cases across the country, as well as other similar litigations that will take time to resolve. Some of them include Mac Hall and foster home sex abuse cases in Los Angeles, CA, southern California clergy cases, New York and New Jersey Catholic Diocese church lawsuits, Boy Scouts of America sexual abuse cases, sex abuse at youth correctional facilities, at sports facilities, and by coaches, camp counselors, teachers, and sadly, many more.

YDC is not an isolated problem. Childhood sexual abuse litigations all over the country are emerging, and the psychological damage caused by so many is beyond what everyday society can even comprehend. Legal Bay is at the forefront of each and every one of these litigations, doing their best to support the victims to get their lives back in order and help them receive justice.

If you’re a lawyer or plaintiff involved in an active sexual abuse lawsuit of any kind and need an immediate cash advance against an impending lawsuit settlement, please visit Legal-Bay HERE or call toll-free at 877.571.0405.

Settlement amounts for sex abuse survivors vary widely, and appeals are almost immediately filed, holding up payouts indefinitely. Commercial litigation funding is available while plaintiffs wait out a verdict on appeal, and large pre-settlement funding can be obtained while the verdicts go through the appellate process. 

In larger cases involving organizations like the Catholic Church or Boy Scouts of America, settlements could be in the $100K settlement amount range for even the worst abuses. In cases with smaller class actions or mass torts (less than 50 people), settlement ranges for the highest level of sex abuses can be between $500K and $5MM. 

Legal Bay’s loan for settlement funding programs are designed to provide immediate cash in advance of a plaintiff’s anticipated monetary award. While it’s common to refer to these legal funding requests as settlement loans, loans for settlements, lawsuit loans, loans for lawsuits, etc., the “lawsuit loan” funds are, in fact, non-recourse. That means there’s no risk when it comes to loans in lawsuit settlements because there is no obligation to repay the money if the recipient loses their case. Therefore, terms like settlement loan, loans for lawsuit, loans on settlement, or lawsuit loan funds don’t necessarily apply, as the “loan on lawsuit” isn’t really a loan at all, but rather a stress-free cash advance.

Legal-Bay is known to many as the best legal funding company in the industry for their helpful and knowledgeable staff, and one of the best lawsuit loan companies overall for their low rates and quick turnaround, sometimes within 24-48 hours once all documents have been received.

Amber Cardillo, Legal-Bay’s Head of Sex Abuse Funding commented, “We understand the different sex abuse litigations throughout the country better than any other funding company in the industry. Unfortunately, each one is different, and settlement values are based on many factors. We try to work with each victim compassionately and get them the help they need. We welcome all to call and try even if their church is in bankruptcy or if they have been denied additional funding by other companies.” 

To apply right now for a loan settlement program, please visit the company’s website HERE or call toll-free at: 877.571.0405 where agents are standing by to answer any questions.

Today, Trellis launched Trellis AI, a powerful new legal productivity platform designed for the complex needs of trial court litigation. Built on Trellis’ industry-leading trial court data foundation—which is the most comprehensive database of its kind in the US—Trellis AI offers tools that empower legal teams to harness data and insights in transformative ways. By automating litigation tasks like motion drafting and case evaluations, Trellis AI transforms the way litigators approach case work with greater accuracy, efficiency, and strategic insight.

Trellis is an AI-driven legal research and insights platform offering access to the largest and most comprehensive US trial court database. This extensive database includes dockets, documents, rulings, judge, law firm, and company analytics, with unmatched coverage across states, counties, and courts.

Trellis AI leverages this extensive data foundation along with advanced language models to deliver precise insights that enhance decision-making, case preparation, and litigation strategy. Designed for legal professionals, it streamlines strategic work like case assessments and motion argument development while automating time-consuming tasks such as motion drafting, client updates, and discovery preparation. These efficiencies free up attorneys to focus on strategic decision-making and client advocacy.

“Trellis is uniquely positioned to support attorneys within the very court system where their cases are filed,” said Nicole Clark, CEO and cofounder of Trellis and a former litigator. “Trellis provides access to hundreds of millions of motions and briefs, representing millions of hours of attorney blood, sweat, and tears in research and drafting. It’s why Trellis AI stands as the only tool to offer one-click solutions to create work product backed by the entire court system and learnings from every trial court litigator who came before them.”

Unlocking New Litigation Strategies

Trellis AI is designed to support every stage of the case lifecycle, delivering impactful work product powered by Trellis’ extensive data. Its feature suite tackles common litigation challenges by automating routine tasks and providing strategic insights grounded in the nation’s most trusted court data.

For example, “Draft Arguments” is a powerful motion drafting tool that can save hours of work, allowing attorneys to focus on their strongest arguments. Trellis AI uses the details and facts of the case to create tailored draft motions, drawing from its extensive database of similar cases to suggest strategic, fact-supported arguments. Each draft incorporates insights from hundreds of thousands of successful trial court motions, offering attorneys an innovative solution that transforms how they approach motion drafting.

Another tool is “Case Assessment” which evaluates key case elements to guide strategic decision-making. Trellis AI examines case facts, legal claims, and defenses to provide detailed insights into potential outcomes, recommended actions, and risk factors. Each assessment delivers actionable intelligence and recommended next steps to inform decisions on case management, settlement strategies, and trial preparation. This empowers attorneys to keep their clients informed, offer strategic recommendations, and leverage an internal knowledge base of strategies and insights for each case.

The remainder of Trellis AI’s tools streamline important tasks like complaint analysis, defense strategy development, argument evaluation, timeline creation, citation extraction, and more. All tools were created and meticulously tested by Trellis’ teams of product attorneys and experienced litigators.

Precision and Security at the Core

Trellis AI is designed for ease-of-use without sacrificing security or accuracy. All uploaded documents are encrypted at rest, aligning with SOC 2 standards to protect sensitive information. Additionally, Trellis AI reduces the risk of errors or bias in its outputs, enabling legal teams to concentrate on insights rather than processes. It also provides options for easy verification and source checking, ensuring greater confidence and peace of mind.

“The potential for AI to transform the legal field depends on the quality and depth of data behind it,” said Alon Shwartz, CPO and cofounder of Trellis. “Our data foundation is the cornerstone of Trellis AI, providing a wealth of high-quality information that drives actionable recommendations and meaningful insights. By prioritizing data integrity and implementing rigorous security measures, we’ve built a platform attorneys can trust to streamline workflows and make strategic decisions confidently.”

For more information, click here to book a demo or to get started with Trellis AI.

About Trellis

About Trellis

Trellis is the leading provider of state trial court data and insights, serving tens of thousands of law firms and litigators daily with insights and coverage across 3,000+ courts in over 2,500 counties, spanning 45 states. Trellis offers an extensive suite of state trial court intelligence and productivity tools for litigators, including detailed judge bios and analytics, thorough case assessments, argument drafting and generation, litigation insights across both law firms and corporations, daily reports on new filings, customizable alerts, and much more. Explore more or book a demo at trellis.law.

Pegasus Legal Capital, LLC (“Pegasus”) (mylawfunds.com), a prominent pre-settlement legal funding company in the United States, announced today that it has successfully completed a $74 million litigation finance securitization. This achievement marks Pegasus’ second securitization transaction in the asset class and another significant milestone in its capital market journey. The proceeds from this transaction will further propel Pegasus’ growth across key markets in the United States.

Pegasus Managing Director, Alexander Khanas, expressed, “With the successful completion of this transaction, Pegasus will expand its business in the personal injury market while upholding its industry-leading service standards.”

GreensLedge Capital Markets LLC played the role of Placement Agent for Pegasus. GreensLedge Senior Managing Director, Douglas Lipton, added, “We are delighted to continue expanding Pegasus’ investor base through their second securitization issuance and assisting them in creatively developing their platform.”

Headquartered in Deerfield Beach, Florida, Pegasus was founded in 2008 as a pre-settlement litigation finance company. Since its inception, the company’s management team has successfully sourced, underwritten, and serviced over half a billion dollars through more than 30,000 advances. While Pegasus has traditionally focused on the New York market, it has established a strong presence in the Southeast and Texas markets as well.

Pegasus is a proud member of the American Legal Finance Association (ALFA), a national organization comprising companies that provide non-recourse funds to personal injury victims. ALFA’s primary objective is to establish industry standards for transparency in legal funding transactions, ensuring upfront and clear disclosure to consumers.

Burford Capital, the leading global finance and asset management firm focused on law, today releases new research entitled “Energy transition disputes: GCs and senior lawyers on the business impacts of legal challenges to come,” which demonstrates how businesses are preparing for a likely rise in legal disputes related to the global energy transition. This transition―or the shift to renewable sources of energy―is likely to cause an increase in expensive commercial disputes.

Businesses are investing significant sums in this transition, and corporate commitments highlight the scale of economic engagement as they invest in the new technologies, infrastructure and other resources that will be needed. But multifaceted legal and commercial pressures present businesses with a myriad of potential challenges including contractual disagreements, regulatory compliance issues and the need for intellectual property enforcement or litigation. Burford’s research report aims to offer a unique perspective on how corporations foresee the expected rise in litigation and arbitration related to this energy transition, examining the areas of business impact related to this evolving landscape.

Burford commissioned this independent research by capturing insights from 300 GCs and heads of litigation across key industries impacted by the energy transition and spanning North America, Europe, Asia and Australia.

Key findings from the study include:

Disputes relating to the energy transition are rising

·       76% of GCs report they are already encountering disputes related to the energy transition and nearly half (47%) expect a further rise in the volume of such disputes in the next decade, driven by evolving laws, new technologies and infrastructure requirements.

Disputes relating to the energy transition are expected to be costly

·       Almost two in three GCs (63%) expect legal fees and expenses to exceed $4 million per energy transition case; a notable minority (29%) expect per case costs to exceed $10 million.

·       Over half (52%) view high costs as a significant factor in deciding not to pursue disputes.

·       Half (50%) of GCs agree that the energy transition will create the need for additional capital sources for the business.

Expected disputes span all types of business conflict

·       GCs are most likely to predict (77%) that the energy transition will result in more contractual disputes and commercial arbitration.

·       Joint ventures are expected to be particularly prone to disputes over profit allocation (76%) and intellectual property rights (65%).

·       Over half of GCs (57%) also expect their businesses to face arbitrations to resolve investor-state conflicts relating to the transition.

New tools are needed to manage the rising dispute costs

·       Legal finance is increasingly used to mitigate the financial burden of these disputes; three in four (75%) GCs have used or would consider using legal finance to offset the cost of disputes relating to this transition.

·       In particular, GCs value monetization―or advancing some of the expected entitlement of a pending claim, judgment or award― to generate liquidity from claims tied up in litigation and arbitration. With legal finance, companies can also offset the cost of pursuing affirmative litigation to generate liquidity, shifting legal departments from cost centers to value drivers.

Christopher Bogart, CEO of Burford Capital, said: “Businesses face significant challenges related to the global energy transition due to cross-border projects, differing legal frameworks and rapidly evolving policies. Additionally, long-term energy contracts may not keep pace with energy markets and technologies, resulting in conflicts among stakeholders. Burford’s latest research demonstrates the value of corporate finance for law, as legal finance helps companies manage the high costs of energy transition disputes and allows them to pursue meritorious claims without depleting resources.”

Burford’s research is based on a 2024 survey conducted by GLG and is supplemented by interviews with ten global energy transition experts conducted by Ari Kaplan Advisors.

The research report can be downloaded on Burford’s website.

Hannah Sadler has joined the firm as a vice president and member of the patent investment team.

“We are very happy to welcome Hannah to GLS Capital as a vice president and member of our team focusing on patent investments,” said Adam Gill, a GLS Capital managing director, co-founder, and leader of the firm’s patent-related investing. “Attracting top-tier talent is essential for continuing to help our clients achieve success, and Hannah’s background in patent litigation will be invaluable for navigating the complexities of patent investments and helping to drive our mission forward.”

Sadler focuses on diligence around qualified underwriting opportunities and monitoring and managing the firm’s patent litigation investments.

Before joining GLS Capital, Sadler was a patent litigator at Global IP Law Group in Chicago. She has over a decade of experience with all aspects of patent portfolio management and enforcement, including prosecution, litigation, sales, licensing, and portfolio valuation.

Sadler earned her J.D. (cum laude) from DePaul University College of Law and her Bachelor of Arts from the University of San Diego.

Omni Bridgeway Limited (ASX: OBL) (Omni Bridgeway, OBL, Group) announces the key investment performance metrics for the three months ended 30 September 2024 (1Q25, Quarter). 

Summary 

• Investment proceeds of A$105.8 million in 1Q25; A$14.2 million provisionally attributable to OBL¹, excluding management and performance fees. 
• Performance fees of A$9.7 million received during the Quarter². 
• Management, transaction and equivalent fees of A$5.9 million during the Quarter. 
• 15 full and partial completions in the Quarter, delivered an overall multiple on invested capital (MOIC) of 2.7x. 
• 7 full completions during the quarter had a combined fair value conversion ratio of 97%³. 
• A$129 million in new fair value added from A$138 million of new commitments. 
• Strong pipeline, with agreed term sheets outstanding for an estimated A$198 million in new commitments, if converted. 
• Transaction fees have successfully been included in nearly all new commitments made in FY25 and/or negotiated in new term sheets. 
• OBL cash and receivables of A$114 million at 30 September 2024. 
• A$0.8 billion of fair value in potential completions over the next 12 months. 
• Good progress in relation to the strategic focus areas of cost optimisation and secondary market transactions. 

Key metrics and developments for the Quarter 

Income and completions 

• During the Quarter, five full completions and seven partial completions were recognised, and two full completions and one partial completion were recorded as income yet to be recognised (IYTBR), resulting in proceeds of A$105.8 million for the quarter, with A$14.2 million provisionally attributable to OBL (excluding management and performance fees¹). 
• The overall MOIC on these 15 full and partial completions during the quarter (incl. IYTBR) was 2.7x.
• The seven full completions during the Quarter (incl. as IYTBR) had a combined fair value conversion ratio of 97%.³ The fair value conversion ratio for all 31 fully completed investments (excl. as IYTBR) since transitioning to fair value per 31 December 2023 is 111%. 

New Commitments

• As per the date of this report, new commitments of A$138 million were made to 10 new investments as well as to a number of investments with increased investment opportunities. This level, proportionate to the full year target, reflects the typical northern hemisphere seasonality, and is in line with prior years.
• Total new commitments include A$28 million of potential external co-fundings for new investments originated and managed by OBL. OBL will be entitled to separately agreed management fees, transaction and performance fees on such external co-funding.
• The fair value associated with these new commitments is A$129 million.
• Strong pipeline of 34 agreed exclusive term sheets, representing approximately A$198 million in investment opportunities.
• Transaction fees have been successfully included in the majority of new commitments made and term sheets signed in FY25. Transaction fees have typically been structured as a combination of an upfront fee and an annual recurring fee at or exceeding on average 2.5% of the investment commitment (in total over the life of the investment). 

Portfolio review

• As at 30 September 2024, A$0.8 billion of fair value is assessed to potentially complete in the 12 months until 30 September 2025 (12 Month Fair Value). The 12 Month Fair Value is the proportionate part of our total book fair value, which has expected cash inflows over the applicable 12 month period based on the underlying probability weighted net cash flows fair value models. All, part or none of these investment inflows may eventuate during the 12-month period.

Corporate 

As announced during the full year results presentation on 29 August 2024, the current strategic focus is on cost optimisation, and fair value validation through completions and secondary market transactions. 

Secondary market discussions on multiple assets are progressing well. A status update will be provided at the semi-annual results presentation or through specific prior ASX announcements.

The AGM of the Company will be held in Sydney, on 19 November 2024, and will be in person only. For more information, visit https://omnibridgeway.com/investors/annual-generalmeeting.

Cash reporting and financial position

At 30 September 2024, the Group held A$113.6 million in cash and receivables (A$71.2 million in OBL balance sheet cash, A$1.0 million in OBL balance sheet receivables and A$41.4 million of OBL share of cash and receivables within Funds).

In aggregate, at 30 September 2024 OBL had approximately A$114 million to meet operational needs, interest payments, and fund investments before receiving any proceeds from investment completions, secondary market sales, management and transaction fees, and associated fund performance fees.

Footnotes

1. Represents indicative cashflows (excluding management and performance fees) from the Funds to OBL in connection with the investment completions. It represents the aggregate estimate of the cash distributed and yet to be distributed under the various distribution waterfalls of the Funds assuming investment proceeds are gross cash proceeds. The Fund’s capital status and waterfalls operate on a cash collection and distribution basis and do not align with the accounting treatment. Accordingly, the income and NCI attribution disclosed in the Group Consolidated Financial Statements will not necessarily match this.
2. Performance fees received are subject to clawback arrangements, to ensure that performance fees ultimately reflect actual fund returns and applicable hurdles. As a result, accrual of performance fees for accounting purposes will generally occur in a later period to the cash receipt.
3. The fair value conversion ratio indicates the ratio of cash proceeds and deployments in connection with completed investments, discounted back to the date of the last reported portfolio fair value (30 June 2024 currently), compared to the reported fair value of such completed investments as at that prior reporting date.
4. All metrics presented are on a full investment basis, excluding the impact of co-investments or partial secondary sales. This reflects a change in methodology from market disclosures prior to FY25, and better reflects the performance of the investments originated, underwritten and managed by the Group.
5. Full life to date metrics include any partial completions in prior periods for the investments involved.
6. Relates to full completions recognised and yet to be recognised during the Quarter.
7. IYTBR reflects the status as per 30 September 2024. If a matter was originally reported as IYTBR for a period and has been recognised as revenue in a later quarter, it is no longer reported in this table as IYTBR in the initial period.
8. Includes Funds 2&3, Fund 4, Fund 6, and Fund 8 and represents OBL’s portion of each respective Fund.
9. Includes Fund 5, which is not consolidated within the Group Consolidated Financial Statements, and represents OBL’s 20% interest.
10. Includes Funds 2&3, Fund 4, Fund 6, and Fund 8 and represents the external investors’ portion of each respective Fund. 

Further information

Further information on terms used in this announcement is available in our Glossary and Notes:

https://omnibridgeway.com/investors/omni-bridgeway-glossary (Glossary)

https://omnibridgeway.com/docs/default-source/investors/general/omni-bridgeway-notes-toquarterly (Notes)

The Glossary and Notes contain important information, including definitions of key concepts, and should be read in conjunction with this announcement.

The investments of Funds 2&3, Fund 4 and Fund 6 are consolidated within the Group Consolidated Financial Statements, along with the interest of the respective external fund investors.

The investments of Fund 8 are consolidated within the Group Consolidated Financial Statements. Fund 1 was deconsolidated on 31 May 2023; its metrics, effective from this date, are not disclosed in this document. The Fund 4 IP portfolio was deconsolidated on 8 December 2023 following the sale of a 25% interest in these investments.

Fund 1 and Fund 5 are not consolidated within the Group Consolidated Financial Statements; the residual interest in Fund 1 and in the Fund 4 IP portfolio are recognised as an investment in associate, Fund 5 is brought in at the Group’s attributable 20% share of income, assets, and liabilities. Throughout this document, Fund 5 is presented at 100% values (except where otherwise stated) for consistency of presentation across OBL’s funds.

Commitments include conditional, and investment committee approved investments. This report includes a number of concepts, such as fair value and income yet to be recognised, which are classified as a non-IFRS financial measure under ASIC Regulatory Guide 230 “Disclosing non-IFRS financial information”. Management believes that these measures are useful for investors to understand the operations and financial condition of the group. Unless expressly stated, this non-IFRS financial information has not been subject to audit or review by BDO in accordance with IFRS.

The figures presented in this document are based on preliminary data and have not been audited. While every effort has been made to ensure the accuracy of the information, these figures are subject to change and should not be considered final. 

This announcement is authorised for release to the market by the Disclosure Committee.

NorthWall Capital (“NorthWall”), a leading credit investment firm delivering private capital solutions to counterparties in Western Europe, today announces the appointment of Shannon Cody as Head of Business Development, EMEA. Shannon will focus on strengthening relationships with existing global institutional investors, while expanding the firm’s client base through new partnerships. Her efforts will play a key role in driving capital growth across NorthWaII’s core strategies, which include Opportunistic Credit, Senior Lending, Asset-Backed Lending and Legal Assets.

Shannon brings with her over 15 years of experience in business development roles at leading financial institutions. Most recently as Head of EMEA Business Development at Mudrick Capital Management, she led the firm’s business development, sales and client services across EMEA and APAC. Shannon was pivotal in growing Mudrick’s London office, spearheading campaigns focused on distressed and stressed credit strategies. Prior to this, Shannon held senior roles at Barclays and Morgan Stanley, where she led capital introduction efforts across Europe.

Fabian Chrobog, Founder and Chief Investment Officer at NorthWaII Capital, said: “We are thrilled to welcome Shannon Cody to NorthWall at this exciting time for our firm. Her extensive experience in establishing long-term partnerships with investors will be crucial as we continue to expand our footprint across EMEA. Shannon will help us deepen relationships with our institutional investor base as we continue to scale our flagship credit strategies.”

Shannon Cody, Head of Business Development, EMEA at NorthWaII Capital, said: “I am excited to join NorthWall and look forward to working with the team to expand our presence across the region and drive continued fundraising success.”

Earlier this year NorthWaII announced the final close of its flagship North Wall European Opportunities Fund Il and associated vehicles attracting more than €640m in investor commitments, surpassing its initial €500m target and more than doubling the size of its predecessor vintage.

For more information, please visit www.northwallcap.com.

Sarama Resources Ltd. (“Sarama” or the “Company”) (ASX:SRR)(TSXV:SWA) is pleased to advise that it has entered into a Litigation Funding Agreement (“LFA”) with Locke Capital II LLC, an arm’s length party that specializes in providing funding for dispute resolution (the “Funder”) to commence international arbitration proceedings in relation to its investment dispute (the “Dispute”) with the Government of Burkina Faso (the “Government”).

The Dispute pertains to the illegal withdrawal of the Company’s rights to the Tankoro 2 Exploration Permit (the “Permit”) (refer news release 5 September 2023). The Permit covered the Tankoro Deposit which was the focal point of the Company’s Sanutura Project (the “Project”) which featured a multi-million ounce gold resource.

Litigation Funding Agreement

The LFA provides a four-year non-recourse loan facility (“Facility”) of US$4.4 million to the Company to cover all fees and expenses related to its Claim to Arbitration (the “Claim”).

Security of the Facility is limited to the Claim, associated potential proceeds and all benefits arising from the property and assets of the subsidiary companies comprising the ownership chain (the “Chain”) pertaining to the Project (refer Annual Information Form, 2 April 2024). The Facility has been structured to enable the Company to continue to operate and consolidate its business outside the Chain without encumbrance or lien from the LFA.

All monies advanced through the Facility are non-recourse and repayable only in the event of a successful Claim or settlement of the Dispute that results in the receipt of Proceeds (“Proceeds”) by the Company or in the event of a default by Sarama under the LFA. In the event of the occurrence of a material adverse change under the LFA, the Funder shall be entitled to recover only those funds which were advanced but remain unspent. The Funder’s return is directly tied to the successful award and settlement of the Claim, with the total amount payable being a function of time and total Proceeds receipted. The priorities for distribution of receipted Proceeds are set out in the LFA and where commercially and legally sensitive, shall remain confidential.

If there is no settlement or award (or no default by Sarama under the LFA), the Company does not have an obligation to repay the loan. A detailed budget has been approved as part of the LFA, which covers all expected legal and ancillary costs associated with the arbitration process.

Plans for Arbitration

On 29 November 2023, the Company issued a Notice of Intent to Submit Claims to Arbitration under a bilateral investment treaty between Canada and Burkina Faso. The Government of Burkina Faso did not respond substantively to the Company’s efforts to reach an amicable resolution of the dispute. With funding to support legal costs secured, the Company is now preparing to lodge a Request for Arbitration with the World Bank’s International Centre for Settlement of Investment Disputes (“ICSID”). The Company will seek full compensation for the loss suffered which may include, but will not be limited to, the value of the Permit, the value of the Company’s historic investments in the Project, the value of the Project at the time the Permit was withdrawn and damages the Company has suffered as a direct result of the Government’s actions. The Project hosted a multi-million-ounce gold resource which was the subject of a substantially complete Preliminary Economic Assessment and fast-tracked development study at the time of the Government’s illegal actions.

The Company has engaged Boies Schiller Flexner (UK) LLP (“BSF”), a leading international law firm, to assist with legal matters pertaining to the dispute (refer news release 17 October 2023). BSF is an internationally recognised dispute resolution law firm with extensive experience representing investors in international investment arbitrations in the mining and natural resources sectors worldwide.

Background to Claim

On 31 August 2023, the Company received notification from the Minister of Energy, Mines and Quarries of Burkina Faso (the “Minister”) that the Company’s application for the Permit, received in August 2021 and granted to Sarama in November 2021 had been purportedly “rejected”, even though the previous Minister had approved the Permit in accordance with the applicable laws nearly two years prior.

On 6 September 2023, during his public presentation at the Africa Down Under Mining Conference in Perth, the Minister, Simon-Pierre Boussim, stated that the Permit was available for purchase. Based on the notification from the Minister and his subsequent actions, the Company was forced to interpret the Minister’s letter of 25 August 2023 as withdrawing the Company’s rights to the Permit. The Minister did not respond to subsequent correspondence from the Company on the matter.

The unlawful withdrawal of the Permit by the Minister, resulting in the removal of the rights to the land conferred thereunder, has rendered the Project valueless to Sarama, consequently destroying the value of the Company’s investment in the Project.

Sarama’s President, CEO & MD, Andrew Dinning, commented:

“The establishment of a non-recourse funding facility to cover all expenses related to the Company’s arbitration case represents a major step forward in its pursuit of redress for the substantial damages suffered as a result of the Government of Burkina Faso’s illegal actions.

Sarama’s legal representatives, Boies Schiller Flexner, are highly experienced and have a very successful track record in international investment disputes, including an arbitration claim brought by Indiana Resources (ASX:IDA) against Tanzania which saw the company recently receive the first tranche of a US$90M settlement.

The Company will now proceed with filing a Request for Arbitration and intends to prosecute its case to the fullest extent possible.”

CAUTION REGARDING FORWARD LOOKING INFORMATION

Information in this news release that is not a statement of historical fact constitutes forward-looking information. Such forward looking information includes, but is not limited to: the sufficiency and continued availability of funding for arbitration; statements regarding the possibility of initiating international arbitration proceedings in accordance with the bilateral investment treaty between Canada and Burkina Faso; the impact, if any, of the actions of the Government on the Company’s investments in mineral projects in Burkina Faso; the ability for the Company to successfully recover proceeds of an award or settlement from Burkina Faso; the filing of the material change report; the occurrence of an event of default or material adverse change under the LFA; and providing further information in due course. Actual results may vary from the forward-looking information due to known and unknown risks, uncertainties and other factors. Such factors include, among others, risks related to the uncertainty as to the outcome of arbitration; the success of the Claim; foreign country and political risks, including risks relating to foreign operations and expropriation or nationalization of mining operations; delays in obtaining or failure to obtain governmental permits, or non-compliance with permits; as well as those factors disclosed in the Company’s publicly filed documents. Readers should not place undue reliance on forward-looking information.

Sarama does not undertake to update any forward-looking information, except as required by applicable laws.

Moneypenny and VoiceNation have an excellent service offering to help legal clients drive new business by responding quickly to new inquiries on their behalf.

The service means that VoiceNation’s team of professional US-based call handlers will help improve the conversion rate of new inquiries, by responding to them quickly on the phone, and qualifying them by asking a series of screening questions provided by, and tailored to, the client. As a result, legal firms’ own teams can focus on converting qualified leads, saving their teams time and effort.

VoiceNation’s highly trained professional call handlers know the importance of making a good first impression and the new Intake Service is backed by full CRM and Zapier integration.

How it Works

• When a new completed web form arrives at a client’s CRM, this alerts VoiceNation’s OpenAnswer platform
• OpenAnswer immediately flags to a VoiceNation agent about the lead
• Using the completed web form details, the lead is qualified by phone, or any other required channel
• All information requested by the client is then fed back into the client’s CRM for immediate conversion
• The service integrates with all CRM platforms and contracts can be completed via Docusign

Eric Schurke, VP of Moneypenny and  VoiceNation said: ‘This service enables legal companies to respond to new leads before their competitors do. We’re doing the heavy lifting of sifting through new opportunities, efficiently and cost-effectively, by qualifying new leads, so in-house sales teams can then convert hot leads faster.  Our clients should see benefits of the new service really quickly, achieving faster new business growth.’ 

Top legal finance firm, Nera Capital, is expanding its presence in Holland by opening a new office in Amsterdam, due to its involvement in several high-profile legal claims in the WAMCA. 

The strategic move into innovative and renowned offices in the prestigious Zuidas district is largely driven by significant legal actions that will proceed through the Holland court system.

In January 2020 the Netherlands introduced a new piece of legislation known as the Wet Afwikkeling Massaschade in Collectieve Actie (WAMCA) which translates to the Settlement of Mass Damages in Collective Action Act.

It allows for collective legal actions, enabling multiple claimants to combine similar cases into a single lawsuit, and is a key factor in Nera Capital’s decision to increase its presence in the region.

Firm Director, Aisling Byrne, explained that this approach not only streamlines the legal process but also increases the efficiency and impact of group claims. 

Ms Byrne added: “For Nera Capital, this system means a more robust and coordinated effort in legal pursuits, ensuring clients benefit from a comprehensive and streamlined legal strategy.

“Our expansion into Amsterdam reinforces Nera Capital’s desire to establish a stronger foothold in a key European financial and legal hub, positioning us at the centre of key industry developments and opportunities. 

“Leveraging our cutting-edge technology and embracing legal frameworks like the WAMCA reflects Nera’s dedication to ensuring that we remain at the forefront of the industry.

“The move marks more than just a new office – it’s another strategic step in our expansion, giving us the platform we need to further scale our operations and continue delivering top-tier service for our clients and partners.”

The change comes at a fruitful time for the legal funder, which is undergoing a period of heavy growth.

In recent months Nera Capital has continued to build its success through acquiring positions in a number of cartel and anti-trust claims in various jurisdictions, including the USA whilst also onboarding several new prominent funding partners. 

Reflecting on Nera’s recent success, Ms. Byrne noted that the expansion into Amsterdam aligns with the company’s core priorities of fostering collaboration and expanding strategic networks.

Westbrooke Associates announces its expansion into the burgeoning litigation funding sector, marking a new chapter in its legacy of connecting investors with high-growth, socially impactful opportunities.

As a brokerage known for identifying innovative investment vehicles, Westbrooke Associates is now expanding into litigation funding, a niche asset class that has seen rapid growth in the UK and globally. Litigation funding provides financial backing to individuals and small businesses that would otherwise be unable to afford legal representation. This growing financial tool has proven essential in levelling the playing field in the legal system, enabling claimants to pursue justice against larger, well-funded opponents.

With rising litigation costs and increasingly complex cases, the demand for litigation funding has surged, particularly in markets such as the UK, which boasts one of the most advanced regulatory environments for this asset class. The global litigation funding market is experiencing extraordinary growth, with revenues projected to reach $43 billion by 2033, up from $17.1 billion in 2023.

As one of the most compelling alternative investment opportunities today, litigation funding offers investors a low-risk, high-return asset class that remains largely uncorrelated with traditional financial markets. This makes it an attractive option for portfolio diversification, especially during times of market volatility.

A report by Reynolds Porter Chamberlain LLP highlights that the top 15 litigation funders in the UK saw assets grow to a record £2.2 billion in 2020/21, an 11% increase from the previous year. With such exponential growth, Westbrooke Associates is poised to help investors capitalise on the robust potential of this asset class.

Westbrooke Associates’ expertise in sourcing profitable investments that align with strong ESG (Environmental, Social and Governance) standards makes this a natural step forward. The firm has already established a successful collaboration with Addlington-West Legal Limited, offering investors access to litigation funding opportunities that prioritise both financial returns and social impact.

Litigation funding not only delivers strong returns but also plays a pivotal role in supporting justice. Westbrooke’s unique investment model ensures a rigorous due diligence process, with cases thoroughly vetted to back only those with strong chances of success. Investors benefit from fixed returns—typically generated within 18 months—while also supporting businesses that face significant financial barriers due to litigation costs.

Moreover, Westbrooke Associates’ commitment to protecting investor capital is evident via the surety bond offered by Addlington-West Legal. This guarantees 100% capital protection in the event of unsuccessful claims, ensuring investor security and peace of mind. This level of risk mitigation, combined with relevant regulatory compliance, makes litigation funding a particularly attractive opportunity for Westbrooke Associates’ clients.

For investors seeking a safe, high-potential asset class, litigation funding through Westbrooke Associates represents an ideal investment opportunity. The firm’s longstanding reputation for identifying forward-thinking ventures is further bolstered by this new foray into the litigation funding space. Westbrooke Associates continues to demonstrate its ability to deliver innovative and socially responsible investment opportunities that align with the evolving needs of its investor base.

As the litigation funding market continues to grow, Westbrooke Associates is at the forefront of offering investors access to this dynamic and impactful sector. Whether you’re a seasoned investor or looking to diversify your portfolio, Westbrooke Associates ensures that every investment opportunity provides both profitability and a positive societal impact.

For more information about how to invest in litigation funding through Westbrooke Associates or to request the Investment Memorandum, please visit www.westbrookeassociates.com or call 0203 745 0294.