Collaboration between law firm, litigation funder and insurance brokerage creates access to justice enhancing product for owners of intellectual property

Collaboration between law firm, litigation funder and insurance brokerage creates access to justice enhancing product for owners of intellectual property

Debenhams Ottaway LLP in association with Sparkle Capital Ltd, Sybaris Legal & IP and Acasta Europe Limited have today launched a product to fund claims brought in the Intellectual Property and Enterprise Court (“IPEC”). The product follows collaboration between the innovative law firm, who last year set up a litigation funding panel and Sparkle Capital, a litigation funder. Sybaris Legal & IP, an insurance broker operating in the intellectual property arena will operate one of the distribution channels for the product and Acasta will provide the After The Event insurance. The product can cater for claims valued from £50,000 to £500,000. The fixed recoverable costs in IPEC limit the recoverable costs in stages up to £50,000 (save in some circumstances in which a party beats a Part 36 offer). The IPEC regime is therefore attractive to litigation funders and ATE insurers because it limits exposure for adverse costs particularly where the Arkin cap[1] is under threat from developing jurisprudence. The product is aimed both at the SME market and IP portfolio holders such as brand owners, musicians and the pharmaceutical industry. It covers a variety of different types of Intellectual property claims ranging from trade mark infringement and passing-off to copyright, design right and patent infringement claims.  It combines a discounted conditional fee agreement with Debenhams Ottaway within a funding package from Sparkle Capital to meet the discounted element of the fees and disbursements. The cost of the funding is low by market standards because it is based on a fixed interest rate rather than the market standard “share of the award”. And it is non-recourse as it is covered by the relevant After the Event and Financial Guarantee Insurance provided by Acasta. Commenting on the launch of the product, Debenhams Ottaway lead litigation and dispute resolution Partner, Luke Harrison, who also serves as Chairman of the Commercial Litigation Association said: “The IPEC funding product is essentially an access to justice tool. It enables those who have suffered a legal wrong to obtain redress whilst avoiding the risks associated with litigation. Intellectual property is an intangible asset which is easy for third parties to exploit and profit from. Whilst there are a number of ways IP may be protected, enforcing those rights in practice through the Courts is often the only tool available to protect that value.” Senior Associate and lead Intellectual Property disputes Lawyer at Debenhams Ottaway, Rosie Patterson said: “The IPEC funding product should go some way to addressing the imbalance in resources that we often see between parties in IP disputes, an imbalance that frequently acts as a barrier to Claimants bringing actions to protect their rights.” Tets Ishikawa, Director at Acasta and Senior Adviser at Sparkle Capital, commented: “Acasta and Sparkle are delighted to partner with our forward-looking partners, Debenhams Ottaway and Sybaris Legal & IP, in launching this IPEC Funding Product. The delivery of real access to justice can only progress with a solutions-led approach that lead to products meeting the actual needs of legal claims. This is the result of that approach and is part of our overall strategy to deliver innovative, relevant insurance and funding products to the litigation market.”  Commenting on the launch of this new product, Ian Wishart, a director of Sybaris Legal & IP and himself an experienced patent attorney and an inventor, said: “This new funding product will benefit potential litigants before IPEC who have been unable to pursue good claims, sometimes against much larger firms, because of a lack of resources.  It levels the playing field, and enables IPR owners to retain value and leverage those rights.” Notes
  1. Debenhams Ottaway LLP is a leading law firm with offices in Hertfordshire and a London space. The firm acts for high net worth individuals, entrepreneurs and established businesses including, in specialist fields, a number of household brand names. The firm’s litigation and dispute resolution team is known for its entrepreneurial and collaborative approach and fastidious approach to delivering value to clients. The firm also boasts the leading contentious intellectual property team in the northern home countries lead by former city lawyer Rosie Patterson.
  2. Sparkle Capital Ltd was founded in 2014 as a third-party commercial litigation funding business. We are a privately-owned company belonging to the family of Fred Done, who is best known for founding BetFred and various other business interests, including real estate and insurance. We are administered by Acasta Europe Limited, an ATE insurance provider.”
  3. Acasta Europe Ltd provides administrative services to Acasta European Insurance Company Ltd, an insurer founded in 2006 and active in 12 European countries across 9 classes of insurance. We are an active provider of legal expenses insurance in the UK being one of the most trusted and innovative ATE insurance providers in both delegated authority Personal Injury and bespoke commercial, clinical negligence and insolvency cases. We have a core base of loyal partners that we work closely with to provide innovative solutions that enhance their businesses.
  4. Sybaris Legal & IP is a trading identity of Sartorex Group Ltd, which is an accredited Lloyds broker. Sybaris Legal & IP has been broking specialist legal and IP risks for over six years, and has a team of highly experienced brokers and IP specialists, who have been assisting micro-businesses to £100+M turnover companies with IP insurance, After the Event insurance and litigation funding
[1] Whereby funders are ordered to pay adverse costs, but only up to the level that they invested in the case.
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New North Litigation Capital Launches, Backed by £50 Million in Senior Secured Financing from Pollen Street Capital

By John Freund |

Pollen Street Capital ("Pollen Street") today announces a new senior secured credit facility of up to £50 million to New North Litigation Capital (“New North”). New North is a commercial litigation finance company and a direct subsidiary of Capital Law, a Cardiff based law firm founded in 2006.

Capital Law has a strong track record in commercial litigation, having closed over 400 claimant cases since 2001 with a 95% win rate. Drawing on its senior leadership and experienced disputes team, Capital Law launched New North to address the underserved small to mid-market segment of commercial litigation market. 

New North will be the only litigation financier in the UK owned and operated by practicing lawyers, bringing their day to day lived experience of handling mid-market litigation into pricing the risk and the funding investment decisions.

Christopher Nott, Founder and CEO of New North commented: “We are pleased to work with Pollen Street on this financing to launch New North Litigation Capital. The funding supports us to bridge a critical gap by funding claims that are often deemed too small by other players in the market. We are excited to work with the Pollen Street team as we create this new kind of litigation funding.”

Connor Marshall-Mckie, Investment Director at Pollen Street, commented:New North addresses an important gap in the litigation funding space, focusing on smaller mid-market commercial litigation. With the significant opportunity available and the deep experience of the leadership team from Capital Law we are excited to partner with the team to support their growth.”

About Pollen Street

Pollen Street is a fast-growing and high-performing private capital asset manager. Established in 2013, the firm has built deep capability across the real estate, financial and business services sectors aligned with mega-trends shaping the future of the industry. Pollen Street manages over €7bn AUM across private equity and credit strategies on behalf of investors including leading public and corporate pension funds, insurance companies, sovereign wealth funds, endowments and foundations, asset managers, banks, and family offices from around the world. Pollen Street has a team of over 95 professionals.

Burford’s Q2 Profits Surge on New Capital

By John Freund |

Burford Capital has delivered its strongest quarterly performance in two years, buoyed by a swelling pipeline of high-value disputes and a fresh infusion of investor cash.

A press release in PR Newswire reveals that the New York- and London-listed funder more than doubled revenue and profitability in the three months to 30 June 2025. CEO Christopher Bogart credited “very substantial levels of new business” for the uptick, noting that demand for non-recourse financing remains “as strong as we’ve ever seen.”

The stellar quarter follows a lightning-quick, two-day debt offering in July that raised $500 million—capital Burford says will be deployed across a growing roster of commercial litigations, international arbitrations, and asset-recovery campaigns. Management also highlighted significant progress in portfolio rotations, underscoring the firm’s ability to monetise older positions while writing new ones at scale. Investors will get a deeper dive when Burford hosts its earnings call today at 9 a.m. EDT.

Burford’s results arrive amid heightened regulatory chatter in Washington and Westminster, yet the numbers suggest the industry’s largest player is unfazed—for now—by talk of disclosure mandates and tax levies. The firm emphasised that its legal-finance, risk-management and asset-recovery businesses remain uncorrelated to broader markets, a pitch that continues to resonate with pension funds and endowments hunting for alternative yield.

For litigation-finance insiders, Burford’s capital-raising prowess and improving margins could have ripple effects: rival funders may face stiffer competition for marquee cases, while law-firm partners might leverage the firm’s deeper pockets to negotiate richer portfolio deals.

International Legal Finance Association (ILFA) Announces End of Year Gala and Inaugural Legal Finance Awards

By John Freund |

 The International Legal Finance Association is pleased to announce its annual End-of-Year Gala Dinner on November 13, 2025.  The event will take place at The Law Society in London, bringing together leading figures from across the legal finance industry for an evening of celebration and reflection on the year’s achievements.  

The dinner will be accompanied by the inaugural Legal Finance Awards.  The awards are designed to recognize and honor excellence across the legal finance ecosystem. They will spotlight the achievements of funders, law firms, brokers, advisors, and other key contributors to the continued growth and innovation of the industry. Nominations for the awards are now open, with the nomination form available here

“The Gala Dinner is a chance for our members and guests to gather in person and celebrate the progress we've made over the year,” said Rupert Cunningham, Global Director of Growth and Membership Engagement at ILFA. “We are especially excited to launch the Legal Finance Awards, which will shine a light on the outstanding work and impact of professionals across our field.”

Tickets for the Gala are on sale now, with discounted pricing available for ILFA members.  More information can be found here.