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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 Burford Capital Research Reveals Significant Opportunities for Businesses Through Patent Monetization

By Harry Moran |

Burford Capital, the leading global finance and asset management firm focused on law, today releases new research on patent monetization, a means for businesses with significant intellectual property to generate revenue from patent assets through licensing, direct enforcement and corporate divestitures. With high research and development costs, long development timelines and intense IP competition, CFOs and GCs are faced with the challenge of seeking greater value from their companies' patent portfolios without diverting capital from core business operations. Moreover, converting underutilized intellectual property into liquid assets enables companies to fuel ongoing innovation and drive future growth.

Despite substantial investments in securing and maintaining patents, many companies fall short in leveraging their intellectual property—resulting in missed financial opportunities and ongoing costs that could otherwise be offset through monetization. This research shows companies shifting to a more proactive stance toward patent monetization as they face mounting economic pressures, rising costs of maintaining large patent portfolios and headline-generating enforcements and divestitures by major brands that increase acceptance. Nearly 70% of in-house lawyers say their organizations are more likely to monetize patents today than a decade ago, and 73% report that patent monetization revenue has grown over the last 10 years.

"Patent monetization remains a significantly underutilized asset for many businesses," said Christopher Bogart, CEO of Burford Capital. "Companies frequently hold valuable patents that require substantial investment to enforce, incurring significant expense—risk we routinely finance for clients. In today's climate of intensifying global competition and rapidly evolving IP enforcement landscapes, legal finance empowers companies to strengthen their patent monetization strategies and take a more proactive, value-driven approach to IP management."

"Companies have a significant opportunity to unlock value from their intellectual property," said Katharine Wolanyk, Managing Director at Burford Capital and head of its intellectual property and patent litigation finance division. "In conversations with CFOs and general counsel across industries, we frequently hear that patent portfolios are viewed as cost centers rather than assets, and this research substantiates that assertion. Legal finance offers a powerful solution by transforming underutilized IP assets into a source of liquidity that can fuel business priorities and allow companies to continue the essential cycle of innovation."

Key findings from the study include:

  • Companies are missing revenue opportunities: Even as patent monetization is increasing, 79% of in-house lawyers say that more than a quarter of their patent portfolio is underutilized. The costs of maintaining patents without monetization include lost revenue, delayed market entry and reduced market share.
  • Revenue generated by patent monetization is growing: 73% of in-house lawyers report that revenue from patent monetization has increased over the last 10 years and 69% of in-house lawyers say their organizations have become more likely to monetize patents in the past decade.
  • Divestiture is a fast-growing monetization strategy: 71% of in-house lawyers have already divested patents or are actively exploring divestiture options.
  • Clients can de-risk direct enforcement with finance: 72% of law firm lawyers cite the high cost of litigation as a deterrent to clients pursuing meritorious patent claims.
  • Legal finance plays a growing role in patent monetization: 59% of law firm lawyers say clients use legal finance for patent monetization; 51% of in-house lawyers say they are actively planning or exploring the use of legal finance to support patent enforcement and monetization going forward.
  • Global patent monetization is active: The US remains the top market for patent monetization due to strong enforcement mechanisms. The Unified Patent Court (UPC) is driving change in Europe, with 74% of in-house lawyers expecting increased enforcement in the region.

This research, commissioned by Burford and conducted by GLG, captures insights from 300 in-house IP counsel and law firm partners involved in patent litigation in North America, Europe and Asia.

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

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery, and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and works with companies and law firms around the world from its global network of offices.

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

This announcement does not constitute an offer to sell or the solicitation of an offer to buy any ordinary shares or other securities of Burford.

Court House Capital Appoints New CEO as Michelle Silvers Moves into Chairman Role

By Harry Moran |

Court House Capital is pleased to announce the appointment of Matt Hourn as its new Chief Executive Officer, effective 14 April 2025. This strategic leadership transition marks an exciting new chapter for the company as Michelle Silvers, who has served as CEO since 2020, steps into the role of Chairman of the Board. 

Michelle Silvers has been instrumental in Court House Capital’s growth, innovation, and performance since its inception. Her move into the Chairman position reflects the company's ongoing commitment to visionary leadership and long-term success. 

"Leading Court House Capital has been an incredible journey, and I am proud of what we've built. I look forward to continuing to support the company's future in a strategic capacity as Chairman." Michelle Silvers, Chairman, Court House Capital 

Incoming CEO Matt Hourn brings over 25 years of experience in commercial litigation and is cofounder of Court House Capital. His strong commercial insight and legal expertise, leadership capabilities, and innovative vision make him well-suited to drive the next phase of growth. 

"I am honoured to step into the role of CEO and build on the strong foundation Michelle has established," Matt Hourn, Chief Executive Officer, Court House Capital. 

This transition underscores the firm’s commitment to continuity and strategic evolution, positioning Court House Capital for sustained success. 

ABOUT COURT HOUSE CAPITAL 

Court House Capital is a leading litigation funder focused on cases in Australia and New Zealand. Led by industry founders, with Australian based capital, the team is renowned for expertise, agility and collaboration. courthousecapital.com.au 

IQuote Limited Strengthens Senior Leadership Team with New Director Appointment

By Harry Moran |

Manchester-based litigation finance firm IQuote Limited has bolstered its senior leadership team with the appointment of a new Director of Campaigns, reinforcing its commitment to expansion and innovation in the sector.

Stepping into the role is Katie Doherty, an experienced litigation finance specialist with a track record of driving growth and operational success. 

She has held senior positions at various law firms prior and has worked alongside IQuote CEO Craig Cornick for over 15 years across multiple roles.

Katie said she was both delighted and grateful for the opportunity and expressed a keen desire to get started as soon as possible. 

“It’s an incredibly exciting time for IQuote as we continue expanding our legal tech partnerships and investing in new opportunities,” Katie said.  “This is a fast-moving industry, and I’m looking forward to leading campaigns that will drive the firm’s next stage of growth.

“I can’t wait to get stuck in. IQuote has evolved massively in respect of its business offerings, the firms we are investing in, and the different campaigns we are now exploring. You have to be constantly thinking on your feet; there’s never a dull moment.”

Originally aspiring to become a solicitor, Doherty began her career in legal administration before transitioning into finance and business strategy.  She first collaborated with Craig in 2010, playing a key role in business operations, asset management, and claims handling. 

Katie thanked her team at IQuote for all their help and support.

“They have all been fantastic, and I have so much admiration for Craig,” she said.

“For him nothing is impossible; if you say, ‘it can’t be done,’ he will immediately tell you that it can and how you can make it happen.”

Craig Cornick, CEO of IQuote Limited, said: “Katie has been instrumental in the success of multiple businesses I’ve led, and her ability to think strategically while keeping operations running smoothly is unmatched.

“She knows how to build and execute campaigns that deliver real results, and that’s exactly what we need as we continue to scale. Her expertise in litigation finance, combined with her hands-on leadership style, makes her a perfect fit for this role.

“She’s got an incredible work ethic also. From the very start, Katie has always been willing to roll up her sleeves and do whatever it takes to get the job done. 

“Whether it was managing complex operations or jumping in to solve unexpected challenges, she’s always been a problem-solver. That kind of determination is what sets her apart and why I’m confident she’ll drive real impact in this position.”