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News and analysis dedicated to the commercial litigation funding sector including regulatory issues, case developments, funding activities, and more.

Commercial

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Federal Court of Australia approves its power to make future orders for class closure

By John Freund |

The following piece was contributed by Lillian Rizio and Max Hensen of Australian law firm, Piper Alderman

The Full Federal Courts’ decision in Parkin v Boral Limited (Class Closure) [2022] FCAFC 47 (Parkin) confirms the courts’ power to issue pre-mediation (and settlement) soft class closure notices to group members. The decision hints at the (positive) appetite of the Federal Court in making future orders for class closure that facilitate a just outcome,[1] simplifies the assessment of quantum prior to settlement, and reduces an element of risk in funded litigation.

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DLA Piper launches global partnership with UNHCR

By John Freund |

DLA Piper today announces a new partnership with the UN Refugee Agency (UNHCR) that will see the two organisations working collaboratively to develop innovative responses to the global refugee crisis, enhance refugee integration and advocate for impactful, systemic change. During the first three years, DLA Piper will provide pro bono support worth over $3.7m and contribute financially to the agency’s global programmes.

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Therium Funds Multi-Billion Pound Action Alleging Truck Cartel Price Collusion 

By John Freund |

Six producers of big rigs have allegedly conspired in a 14-year scheme to defraud government regulators over emissions mandates. The Competition Appeal Tribunal has approved a £2B claim marking a historic first for United Kingdom collective actions. The Road Haulage Association (RHA) is representing an estimated 18,000 claimants as the beneficiaries of the hopeful award. 

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Federal Court of Australia makes first aggregate damages award in a funded representative proceeding in Toyota Class Action

By John Freund |

The following piece was contributed by Martin del Gallego and Matthew Harris of Australian law firm, Piper Alderman.

This article considers a recent decision of the Federal Court of Australia, awarding damages to class action claimants on an aggregate basis.  Aggregate damages is a rare global award which covers all group members described or identified in the award.  This was the first instance of aggregate damages being awarded to a funded litigant in Australia, and may spur a trend in representative claims brought on this basis.

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