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ClaimShare Joins The European Litigation Funders Association (ELFA)

By Harry Moran |

The European Litigation Funders Association (ELFA) is pleased to announce that Dutch collective claim manager and aggregator ClaimShare, has joined ELFA as an associate member. 

ClaimShare‘s mission is to support people and SMEs that have suffered harm and seek redress from corporate wrongdoers. ClaimShare does this by bundling their claims and providing professional services to organizations that represent the claimants’ interests. Seeking the appropriate litigation funder is a crucial part of that service and for access to justice in general. For years, ClaimShare has advocated the necessity and added value of a dedicated litigation funding association in the EU. The establishment of ELFA is crucial to better inform clients, the legal industry and policy makers in the EU of the essential role litigation funding plays and its mechanics, as well as develop and foster best practices”, said Dirk Jan van den Broek, Managing Director of ClaimShare

Omni Bridgeway‘s Managing Director and ELFA Chairman, Wieger Wielinga, expressed his enthusiasm about ClaimShare joining as an associate member. He stated, “ELFA is delighted to have ClaimShare on board. With Dirk Jan and the broader ClaimShare team, we gain a wealth of experience accumulated through years of assisting claimants and interest organizations, specifically in the European Union in obtaining the redress they might not have otherwise achieved. Their perspective as a claims manager and aggregator will significantly contribute to our organization’s mission and benefit the entire industry.” 

About The European Litigation Funders Association: 

ELFA was founded by three leading litigation funders with a European footprint, and today includes almost all European litigation funders. ELFA, was established to serve as the European voice of the commercial litigation funding industry. With the objective of representing the industry’s interests before governmental bodies, international organizations and professional associations, ELFA also aims to act as a clearinghouse and reference for relevant information, research and data regarding the uses and applications of commercial legal finance within the European continent. ELFA aims to be inclusive for all professional litigation funders of larger or smaller size and to allow specific contributing market participants and academics as associate members. 

About ClaimShare: 

ClaimShare exists to support individuals and interest groups to set up and manage class actions and group actions advancing equitable access to justice. ClaimShare has successfully initiated several well-known impactful claims, helping its clients obtain legal redress regarding leaking silicone breast implants, wrongful electricity pricing and metals fraud.

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Harry Moran

Harry Moran

Commercial

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Claim Issued in Multi-Billion Pound UK Class Action Against Microsoft

By Harry Moran |

Alexander Wolfson, a highly experienced barrister of more than 25 years standing, has issued an opt-out class action claim against software giant Microsoft. He is issuing the claim on behalf of all UK-domiciled natural and legal persons (including public bodies) that purchased licences for certain specified Microsoft software products (including Microsoft Office and Windows). 

The claims allege that the software giant abused its market dominance and engaged in conduct that restricted competition to its new licences from pre-owned licences for Microsoft products. That conduct affected and inflated the prices of both new licences and pre-owned licences. 

The claim is one of the most significant class action cases currently underway in the UK, with a potential value reaching into the billions. 

Wolfson has retained the services of the Head of Competition at Stewarts, Kate Pollock, alongside partners Stuart Carson and Marc Jones (and others), and is instructing Counsel teams at both Monckton and Matrix Chambers, together with a team of experts to provide testimony on the economics of the case. The claim is funded by Harbour. 

Alex Wolfson, Proposed Class Representative, said: “Microsoft’s actions have had a significant and far-reaching impact on UK consumers, businesses and public bodies. This claim seeks to hold Microsoft to account and to secure compensation for the many affected members of the class. With billions of pounds potentially at stake, this case is about ensuring fairness in the digital marketplace and ensuring even the largest tech companies play by the rules.”

Kate Pollock, Head of Competition Litigation at Stewarts, said: “Microsoft’s conduct has had a profound and costly impact on millions of individuals and private and public sector organisations that rely on its software for daily business operations. We believe that Microsoft abused its market dominance by imposing restrictive licensing practices that effectively shut down competition and inflated prices. We’re proud to be supporting Alexander Wolfson in bringing this claim. With our specialist experience in complex competition litigation, we are well placed to help secure justice for the millions affected. This case has the potential to restore greater fairness and accountability to the UK’s increasingly digital economy.” 

Ellora MacPherson, Managing Director and Chief Investment Officer at Harbour, which is funding the case, said: “We are delighted to be able to support Alex Wolfson, Kate Pollock and the rest of the Stewarts team by funding this important case which will give access to justice to tens of thousands of individuals and public and private organisations in the UK. This action is likely to be one of the largest the UK has seen and is an example of how big corporate entities can be held to account.” 

For more information about the case, visit MicrosoftClaim.com

JustFund Expands Family Law Funding to New Zealand

By Harry Moran |

For litigation funders in their early years of growth post-founding, the ability to continue to raise capital and expand to new markets are often key signs of strengths in these businesses, as demonstrated by an Australian family law funder with its latest announcement.

In a post on LinkedIn, JustFund revealed that it has launched funding services for family matters in New Zealand, marking its first expansion outside of Australia since the funder’s inception three years ago. The announcement explained that JustFund is looking to support both lawyers who need support for their clients or an individual who needs the financial assistance to secure legal representation.

This expansion follows JustFund’s $92 million capital raise in November of last year, with the funds consisting of a combination of seed round financing, a senior debt facility, and additional mezzanine funding. At the time of the capital raise, JustFund said that in the two years since its founding it had provided more than $95 million in legal funding for family law cases, resulting in over $1 billion in relationship property settlements.

Andy O’Connor, co-founder and CEO of Just Fund, commented on the announcement saying, “It's been an incredible first week meeting with client-centric law firms looking to deliver solutions for their clients.” O’Connor also stated that JustFund is recruiting for its Auckland office to support this expansion, with the funder hiring for family lawyer and client experience positions.

More information about JustFund’s offering to New Zealand clients can be found on its website.

LCM Responds to Speculation Over Alleged Investigation 

By Harry Moran |

A statement released by Litigation Capital Management (LCM) offers a response to recent media speculation that the funder is facing a potential investigation by the office of the Dubai Public Prosecutor (DPP).

LCM’s statement is as follows: “The article states that the original complaint was made in 2022. The Company confirms that it has not been contacted by any legal authority, either historically or recently, in relation to the allegation. Furthermore, the Company does not believe any such allegation, were it to be made, would have any merit whatsoever. The Company is investigating further and will update the market as appropriate.”

The article that prompted LCM’s statement was published by Intelligence Online on 13 May, claiming that “the Dubai Public Prosecutor's office commenced a court-assisted investigation into LCM and its chief executive Patrick Moloney in March.” The headline of the article suggests that the investigation is a “money laundering probe”, with the DPP’s office reportedly “examining details from a complaint made in late 2022.

The full article available to Intelligence Online subscribers here.