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Case Developments

Stay on top of updates and developments around key cases across various global jurisdictions.

Case Developments

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Burford Counters Tyson Foods Over Chicken-Price Settlement Fight

By John Freund |

Burford Capital has moved to knock out Tyson Foods’ interference lawsuit, telling an Illinois federal judge that the meat-packing giant—not the world’s largest litigation financier—scuttled talks to resolve sprawling chicken price-fixing claims brought by food distributor Sysco. In a motion to dismiss filed this week, Burford branded Tyson’s allegations of settlement meddling as “threadbare” speculation aimed at diverting attention from the underlying antitrust accusations.

An article in Reuters details Tyson’s April complaint accusing Burford of trying to “co-opt the legal system” by blocking a deal Sysco had weighed. Tyson says the funder leveraged its $140 million financing stake to push for a richer payout, impeding Sysco’s autonomy in the long-running poultry cartel litigation.

Burford’s filing counters that its 2019 funding agreement explicitly allows the financier to participate in settlement talks and notes Tyson rejected Sysco’s last offer back in 2021. After Burford thwarted what it viewed as sub-par settlements, Sysco transferred its claims to Burford affiliate Carina Ventures, removing the food-service giant from the case while preserving its potential recovery.

The skirmish comes as congressional Republicans revive proposals to tax litigation-finance proceeds at nearly 41%, underscoring a season of heightened scrutiny over how much influence funders wield in antitrust and class actions. Burford, which has repeatedly defended its model as bolstering access to justice, says Tyson’s suit would chill capital-backed claims by re-writing freely negotiated contracts after the fact.

For funders, the outcome may clarify how far investment contracts can reach into settlement strategy—especially when the underlying defendant wants a bargain exit. If Burford prevails, expect financiers to lean harder on contractual rights; if Tyson scores traction, future deals could feature stricter carve-outs to avoid similar challenges.

LitFin Launches Action for Belgian Security Cartel Victims

By John Freund |

Thousands of Belgian businesses may be eligible for compensation following revelations of a sweeping price-fixing scheme involving the country’s top private security providers. From 2008 to 2020, industry giants Securitas, G4S, and Seris colluded to inflate prices and carve up the market, depriving clients of competitive rates. The Belgian Competition Authority confirmed the scheme in July 2024, levying a landmark €47 million fine and acknowledging widespread harm to companies and institutions relying on security services.

An article in LitFin outlines how the litigation funder is spearheading a class action to secure damages for affected parties. LitFin estimates total damages could exceed €800 million, with any organization that contracted private security during the cartel period—whether for routine guarding or specialized services like airport security—potentially eligible to join the claim.

LitFin’s approach eliminates financial barriers by covering all legal and procedural costs in exchange for a share of any recovery. With 21 competition class actions already underway across the EU, the firm brings established expertise to this ambitious claim.

Innsworth Challenges Mastercard Settlement Terms in CAT Judicial Review

By John Freund |

A brewing legal rift in one of the UK’s largest consumer class actions has escalated, as litigation funder Innsworth Capital seeks judicial review of the £200m Mastercard settlement approved by the Competition Appeal Tribunal (CAT). Innsworth, which financed the long-running Merricks v Mastercard case, is contesting the tribunal’s distribution structure, claiming it unjustly limits the funder’s return to less than half its investment, while allocating over £30m to a third-party charity.

An article in the Global Legal Post reports that Innsworth’s challenge centers on the May ruling, which capped its return at £22.8m—just 0.5× its £45.6m outlay—while setting aside the remaining balance of a £54.4m discretionary fund for either top-up class member payments or donation to the Access to Justice Foundation (ATJF). Innsworth alleges the tribunal made legal and procedural missteps, including misapplying Australian case law and failing to account for the commercial risk it bore in a case once valued at £14bn.

The funder argues that a return of 1.5× was both contractually contemplated and supported by precedent, and that the tribunal denied it a fair chance to respond to the proposed settlement mechanics. Its filing calls attention to what it deems an “arbitrary and irrational” allocation that favors a charity over the party that funded the claim’s pursuit.

The timing of Innsworth’s action is notable, following the Civil Justice Council’s June 3 report urging statutory regulation of funders and a legislative fix to PACCAR. The outcome of this judicial review could influence how courts and legislators assess funder profits—and reshape expectations around post-settlement fund allocations in collective redress cases.

Google Faces £1B UK Trial Over App Store Fees, Funded by Bench Walk Advisors

By John Freund |

A landmark collective action against Google has cleared a key legal hurdle in the UK, with the Competition Appeal Tribunal (CAT) certifying a £1.04 billion lawsuit brought on behalf of thousands of UK app developers.

The class action, spearheaded by Strathclyde University competition law professor Barry Rodger and backed by litigation funder Bench Walk Advisors, accuses Google of abusing its dominant position by imposing excessive commissions on app sales through its Play Store.

The case filing outlines that the CAT has issued a collective proceedings order, allowing the case to move to trial. The claim targets exorbitant commissions, alleging these charges unfairly burden UK app developers—many of them small- and medium-sized enterprises—by effectively locking them into the Play Store ecosystem through restrictive contractual and technical practices.

The case adds to mounting regulatory and legal scrutiny of Google’s Play Store practices worldwide. The European Commission recently issued preliminary findings under the Digital Markets Act, the UK’s CMA is assessing Google’s “Strategic Market Status,” and U.S. courts have already found the tech giant in breach of antitrust laws. The timing of the CAT’s ruling puts further pressure on Google, particularly as similar legal actions, including a new suit by Korean developers, continue to emerge globally.

UK Court of Appeal Takes Up Key Case on Funder Returns

By John Freund |

A consequential legal battle now before the UK Court of Appeal could have sweeping implications for litigation funders operating in the UK and beyond. The case centers on the enforceability of funding agreements that calculate funder returns as a multiple of the capital invested—a model widely used across the industry.

An article in the Law Society Gazette outlines how the appeal follows a High Court ruling that refused to strike out a claim challenging such a funding structure. The challenge argues that these agreements, which are not pegged to the damages recovered but instead to the amount of funding provided, could fall afoul of the UK’s statutory definition of damages-based agreements (DBAs). If upheld, funders using a multiple-of-capital return model might be required to comply with the more stringent regulatory framework governing DBAs—potentially rendering many existing contracts unenforceable.

The outcome could reverberate across the legal funding landscape, particularly in collective actions, where such return structures are commonly deployed. Industry observers note that a ruling against funders would necessitate a wholesale reevaluation of how litigation finance deals are structured, priced, and disclosed, especially in the UK market.

Funders and legal practitioners alike are closely monitoring the case, viewing it as a test of legal clarity and commercial viability for the sector. The decision may also influence legislative and regulatory discussions already underway in the UK about how best to govern third-party funding.

This case underscores the regulatory and judicial uncertainties that still shadow the legal funding market, even as it matures. A ruling from the Court of Appeal could either reinforce current market practices or trigger a paradigm shift in funder-client agreements.

Silver Bull Provides Update On Its Arbitration Case Against Mexico

By John Freund |

Silver Bull Resources, Inc. (OTCQB:SVBL)(TSX:SVB) (“Silver Bull” or the “Company”) provides an update on the progress of its international arbitration claim against the United Mexican States (“Mexico”).

Silver Bull announces that it has filed its Reply to Mexico’s Counter-Memorial in the arbitration that Silver Bull initiated on 28 June 2023 under the United States-Mexico-Canada Agreement (“USMCA”) and the North American Free Trade Agreement (“NAFTA”) before the International Center for the Settlement of Investment Disputes (“ICSID”). Under the current schedule, Mexico now has until August 26, 2025 to file its Rejoinder before the case proceeds to a hearing, which will commence on October 6, 2025.

A summary of the key points of Silver Bull’s claim is provided below:

  • The arbitration arises from Mexico’s refusal to take action with respect to the illegal blockade of Silver Bull’s Sierra Mojada Project, which commenced in September 2019 and remains ongoing. Mexico’s actions and omissions led to the complete loss of Silver Bull’s investment, and breached Mexico’s obligations under the NAFTA, including the prohibition on unlawful expropriation and the duties to provide full protection and security, fair and equitable treatment, national treatment and most-favored nation treatment.
  • Silver Bull commenced the arbitration by filing a Request for Arbitration with ICSID on 28 June 2023. A three-person arbitration panel (the “Tribunal”) was appointed by ICSID and they will adjudicate the case. Silver Bull filed its Memorial on 17 June 2024, setting out its claim in full and presenting supporting evidence. Mexico filed its Counter-Memorial on 23 December 2024, setting out its defence and presenting its evidence in response to the claim.
  • In the Reply filed on April 25, 2025, Silver Bull responded to Mexico’s Counter-Memorial and provided further evidence to support its claim. In its Reply, Silver Bull updated its damages claim to US$374.9M (including interest), supported by the opinion of its damages expert.
  • Mexico will file its Rejoinder, responding to Silver Bull’s Reply, on 26 August 2025. The hearing in the arbitration will take place from 6-10 October 2025.
  • The Company hired Boies Schiller Flexner (UK) LLP (“BSF”) to act on its behalf as legal counsel for the claim. BSF is an international law firm with extensive experience in international investment arbitration concerning mining and other natural resources. The BSF team is led by Timothy L. Foden, a noted practitioner in the mining arbitration space.
  • Silver Bull is financially supported by Bench Walk Advisors LLC via a Litigation Funding Agreement for up to US$9.5 million to finance the case and the running of the Company.

Silver Bull’s CEO, Mr. Tim Barry commented, “While Silver Bull had intended to continue developing the Sierra Mojada Project, an illegal blockade initiated in September 2019 by a small group of local miners – seeking to extort an unearned royalty payment from the Company has persisted to this day. Despite obtaining a favorable ruling from the Mexican courts dismissing the group’s royalty claims, and despite repeated requests for the Mexican Government to enforce the law and remove the illegal blockade, the Government has continuously elected not to act. As a result, Silver Bull has been denied access to the site for more than five years, preventing the Company from conducting its lawful business activities in Mexico. This has led to the complete loss of Silver Bull’s investment and the destruction of shareholder value at Sierra Mojada. The Mexican Government’s actions and inactions directly drove investors away and effectively expropriated the Sierra Mojada Project.”.

BACKGROUND TO THE CLAIM: The arbitration has been initiated under the Convention on the Settlement of Investment Disputes between States and Nationals of Other States process, which falls under the auspices of the World Bank’s ICSID, to which Mexico is a signatory.

Silver Bull officially notified Mexico on March 2, 2023 of its intention to initiate an arbitration owing to Mexico’s breaches of NAFTA by unlawfully expropriating Silver Bull’s investments without compensation, failing to provide Silver Bull and its investments with fair and equitable treatment or full protection and security, and not upholding NAFTA’s national treatment standard.

Silver Bull held a meeting with Mexican government officials in Mexico City on May 30, 2023, in an attempt to explore amicable settlement options and avoid arbitration. However, the 90-day period for amicable settlement under NAFTA expired on June 2, 2023, without a resolution.

Despite repeated demands and requests for action by the Company, Mexico’s governmental agencies have allowed the unlawful blockade to continue, thereby failing to protect Silver Bull’s investments. Consequently, Silver Bull is seeking to recover an amount of US$374.9M (including interest) in damages that it has suffered due to Mexico’s breach of its obligations under NAFTA.

THE SIERRA MOJADA DEPOSIT: Silver Bull’s only asset is the Sierra Mojada deposit located in Coahuila, Mexico. Sierra Mojada is an open pittable oxide deposit with a NI 43-101 compliant Measured and Indicated “global” Mineral Resource of 70.4 million tonnes grading 3.4% zinc and 38.6 g/t silver for 5.35 billion pounds of contained zinc and 87.4 million ounces of contained silver. Included within the “global” Mineral Resource is a Measured and Indicated “high grade zinc zone” of 13.5 million tonnes with an average grade of 11.2% zinc at a 6% cutoff, for 3.336 billion pounds of contained zinc, and a Measured and Indicated “high grade silver zone” of 15.2 million tonnes with an average grade of 114.9 g/t silver at a 50 g/t cutoff for 56.3 million contained ounces of silver. Mineralization remains open in the east, west, and northerly directions.

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