Community Spotlight: Viren Mascarenhas, Partner, Milbank

In an announcement released earlier this week by LPF Group, the New Zealand litigation funder revealed that it had strengthened its board with the appointment of Judge Robert Dobson KC as a director. Mr Dobson brings a wealth of experience as both a commercial lawyer and judge, having served on the High Court from 2007 to 2020. Mr Dobson briefling returned to the bench as an acting judge on the Court of Appeal in 2022, before returning to his arbitration and mediation practice at Stout Street Chambers.

Phil Newland, founder and director of LPF, said “LPF is delighted to have Mr Dobson, a proven jurist with substantial legal and judicial experience join the board at such an important time for the development of class action law in New Zealand.”

Commenting on his new role, Mr Dobson stated: “Having observed LPF’s role from a different perspective for many years I now look forward to playing a part in continuing the development of litigation funding and assisting access to justice. I am very much looking forward to joining LPF in helping meritorious cases attract funding in the pursuit of justice.”

In addition to the appointment of Mr Dobson, LPF also stated that the company’s current Chairman, Bill Wilson KC, will be moving to the position of Emeritus Chair to provide continuing support to the funder’s board. Newland praised Wilson’s work during his time at LPF by saying “With Bill’s strong support LPF has assisted many thousands of New Zealanders to achieve redress, including in leading cases such as Mainzeal, Kiwifruit and in the recent CBL and Intueri shareholder class actions.”

Following the publication of the Civil Justice Council’s interim report on litigation funding, industry leaders and experts have opined on the future direction of UK’s funding market. At a recent industry conference, attendees were treated to the views of the head of one of the country’s most important judicial bodies when it comes to litigation funding.

Reporting by CDR covers remarks delivered by Andrew Lenon KC, chairman of the Competition Appeal Tribunal (CAT) at the Global Class Actions Symposium. The keynote speech on the second day of the symposium saw Lenon discuss the current state of the CAT and the involvement of third-party funding, which he described as “essential to the success of the collective proceedings regime.”

Lenon noted that despite the period of uncertainty in the initial aftermath of the PACCAR decision, he suggested that “it seems likely that the UK market for litigation funding and collective proceedings will continue to grow.” Furthermore, Lenon argued that in this growth environment, the result would be the emergence of a “fully functioning competitive market for litigation funding.”

The CAT’s chairman emphasised the tribunal’s role “to clarify the legal principles relating to funding arrangements”, with a focus on ensuring that “collective proceedings do not become a cash cow to funders and lawyers, with minimal returns to class members.” However, in a welcome nod to funders and lawyers alike, Lenon assured that the CAT “will be slow to interfere with funding arrangements freely negotiated between funders and class representatives.”

Whilst he acknowledged that the CAT must keep a close eye to ensure that funder’s fees and legal costs do not spiral out of control, Lenon agreed that it was “entirely legitimate for funders to seek a return on their investment.” In summarising the CAT’s position on interfering with litigation funding agreements, Lenon said that “the tribunal should therefore be slow to second guess.”