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Community Spotlight:  Rocco Pirozzolo, Managing Director and Director of Underwriting, Harbour Underwriting Limited

By John Freund |

Community Spotlight:  Rocco Pirozzolo, Managing Director and Director of Underwriting, Harbour Underwriting Limited

Rocco has been the underwriting director of Harbour Underwriting Limited since its incorporation and is also its managing director. He is a solicitor who has spent over two decades developing and providing insurance for a wide variety of legal disputes brought around the world. Apart from being a seasoned underwriter, he has also been a director in the investment team of Harbour Litigation Funding and so has vast experience of complex litigation risks.

Rocco is one of the leading figures in the dispute resolution community. Since 2003, he has served on numerous forums and Working Parties of the Civil Justice Council, a statutory body responsible for overseeing and modernising the civil justice system. He has also been the Chair of The Association of British Insurers’ Legal Expenses Committee.

Rocco is named in Band 1 as a Leading Individual in the Litigation Insurance Underwriters UK section ofChambers and Partners Litigation Support guide 2024 and also included in Lawdragon’s 2024 list of the 100 Global Leaders in Litigation Finance.

He is the general editor ofThe Law Society’s Litigation Funding Handbook and the author of several of its chapters, including that on dispute insurance. He is also the co-author of the chapter on legal expenses insurance in the practitioners’ textbookFriston on Costs.

Cases insured by Rocco include:

  • various class actions (including securities claims) brought around the world, including in the UK, Australia and Canada
  • professional negligence claims, including against lawyers, auditors and surveyors, such as in Levicom International Holdings BV v Linklaters (a firm) [2010] EWCA Civ 494
  • intellectual property claims, such as Bentley 1962 Limited & Brandlogic Limited v Bentley Motors Limited [2019] EWHC 2925
  • group actions, including environmental claims such as Barr v Biffa Waste Services Ltd [2012] EWCA Civ 312.

Rocco has been instructed over the years as an expert on dispute insurance, including by The Law Society in its intervention in a landmark case heard before the Supreme Court in Coventry v Lawrence [2015] UKSC50.

Company Name and Description:    Harbour Underwriting Ltd

Company Website: https://harbourunderwriting.com

Year Founded:  2016

Headquarters:  4th Floor, 8 Waterloo Place, London England, SW1Y 4BE

Area of Focus:  Commercial dispute insurance

Member Quote: Litigation funders are sophisticated users of commercial dispute insurance. Even though they may well be confident of the prospects of the case they are funding succeeding, they know only too well how disputes can unexpectedly and inexplicably ‘take a turn’ for the worst and so they value having commercial dispute insurance in place from the outset.”

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John Freund

John Freund

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Third‑Party Litigation Funding Gains Ground in Environmental Cases

By John Freund |

Environmental suits, increasingly seen as tools to hold governments and corporations accountable for ecosystem destruction and climate risk, often stall or never get filed because of steep costs and limited budgets.

An article in Nature highlights the U.S. commercial TPLF market as managing over US $12.4 billion in assets, showcasing the potential scale of the model for environmental justice. The core argument is that by providing funding to plaintiffs who otherwise could not afford the fight, TPLF can enable lawsuits that address pollution, habitat loss and climate change liability — aligning with broader calls to broaden access to justice in sustainability law. At the same time, the author cautions that TPLF carries risks: it may bring conflicts of interest, shift control of litigation away from claimants, or impose commercial pressures that are misaligned with public-interest goals.

For the legal funding industry this correspondence underscores important dimensions. It signals an expanding frontier: environmental litigation is becoming a viable sector for funders, not just mass-torts or commercial disputes. But it also raises governance questions: funders will need to establish best practices to ensure alignment with public interest, preserve claimant autonomy and guard against criticisms of “outsourcing” justice to commercial actors.

The article suggests that regulators, funders and civil-society actors should collaborate to craft transparent frameworks and guardrails if TPLF is to fulfill its promise in environmental realms.

How Litigation Funding Evens the IP Playing Field

By John Freund |

Third-party litigation funding (TPLF) is becoming increasingly important for small firms, inventors and universities seeking to enforce intellectual-property rights against major corporations.

According to an article in Bloomberg, funding arrangements enable plaintiffs with viable claims—but limited resources—to access litigation and expert fees that would otherwise be prohibitive. In the complex IP space, cost and risk often preclude smaller rights holders from doing anything meaningful when a financially strong infringer acts. In effect, the commentary argues, litigation finance helps tilt the playing field back toward fairness and innovation rather than letting size alone determine outcomes.

The piece also observes that public debate has at times mis-characterised litigation funding—especially after efforts to tax funder returns—which it says “shined a spotlight on the solution” rather than creating the problem. The authors stress that the proper policy response is not punitive taxation or sweeping disclosure mandates that risk chilling investment. Instead, they advocate for targeted transparency under court supervision, combined with a recognition that accessible funding is a core part of ensuring just enforcement of IP rights.

For the legal-funding industry, the commentary underlines several take-aways: funders who back IP-rights holders serve a social as well as economic role, helping inventors and smaller entities access justice they could not otherwise afford. The industry should engage proactively in outreach: educating IP counsel and claim-holders about funding, telling success stories of smaller plaintiffs, and working with policymakers and legislators to shape rational regulation. The challenge remains to balance the benefits of funding with ethical, transparency and conflict-of-interest safeguards—as discussion in the broader TPLF context shows.

Chartered Institute of Arbitrators Issues First Guidance on Third-Party Funding in Arbitration

By John Freund |

The Chartered Institute of Arbitrators (CIArb) has issued its first-ever Guideline on Third-Party Funding in arbitration, offering comprehensive direction on how parties, counsel, tribunals, and funders should navigate funded disputes. This milestone guidance is aimed at promoting transparency, consistency, and effective case management in arbitration where third-party funding plays a role.

The guideline addresses two primary areas. First, it outlines the third-party funding process, explaining funding structures, pricing models, and key provisions typically found in funding agreements. It provides a practical overview of the benefits and potential pitfalls of using funding in arbitration proceedings. Second, it tackles arbitration-specific case management issues, such as how funder involvement—though often portrayed as passive—can influence strategic decisions, including arbitrator selection, settlement discussions, and procedural posture. The guideline stresses the need to clearly delineate the scope of the funder's control or influence in any agreement.

CIArb also emphasizes the importance of early disclosure. The existence of funding and the identity of the funder should be revealed at the outset to avoid conflicts of interest and challenges to tribunal impartiality. On confidentiality, the guidance urges parties to reconcile the typically private nature of arbitration with the disclosure obligations inherent in funded cases.

Additionally, the guideline explores three critical cost issues: whether funders may cover arbitrator deposits, the increasing prevalence of security for costs orders targeting funders, and the evolving question of whether tribunals should allow recovery of funding costs.