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Funding of collective actions under the spotlight

By Tom Webster |

Funding of collective actions under the spotlight

The following was contributed by Tom Webster, Chief Commercial Officer for Sentry Funding.

The UK government is seeking views on the operation of litigation funding in the collective actions sphere, as part of its wider review of the opt-out collective actions regime in competition law.

An open call for evidence by the Department for Business & Trade (DBT) earlier this month featured a number of questions relating to litigation funding. These included whether the approach to funders’ share of settlement sums or damages is fair and proportionate; how the secondary market in litigation funding has developed and whether this has affected transparency and client confidentiality; whether funding provision for the full potential cost of claims is considered enough at the outset; and how conflict between litigation funders and class representatives should be approached.

As well as funding issues within the regime, the review will also look at scope and certification of cases; alternative dispute resolution, settlement and damages; and distribution of funds.

The DBT said it was time to review the operation and impact of the opt-out collective actions regime in competition law, as it is now ten years since its introduction through the Consumer Rights Act 2015. 

It said: ‘This government is focused on economic growth, and a regime that is proportionate and focused on returns to consumers where they are due is good for growth and investment.

‘However, we are aware of the potential burden on business that increased exposure to litigation can present. Finding the right balance between achieving redress for consumers and limiting the burden on business is essential to ensure that businesses can operate with certainty, whilst providing a clear, cost-effective, route for consumers.’

Providing background to its review, the DBT noted that when it was introduced in 2015, the regime was intended to make it easier for consumers, including businesses, to seek redress where they have suffered loss due to breach of competition law. It said that since then, the regime has developed and expanded significantly: ‘tens of billions’ of pounds in damages have been claimed, and ‘hundreds of millions’ of pounds spent on legal fees. The DBT said this was far higher than anticipated in the original impact assessment, which estimated the total cost to business to be just £30.8 million per annum.

The DBT also noted that the type of case being brought before the CAT has also developed in ‘unexpected’ ways. When the regime was introduced, it was expected that most cases would be follow-on claims, brought after the Competition and Markets Authority (CMA) or European Commission have already investigated anti-competitive behaviour and made an adverse finding. However, approximately 90% of the current caseload is now made up of standalone cases, the DBT said.

The government also pointed out that only one case (Justin Le Patourel v BT Group Plc [2024] CAT 76) has reached judgment in the CAT, with other certified cases generally concluding in settlement outside of court. This means that there has been limited precedent set on key issues such as damages and distribution, it asserted.

Proponents of the collective actions regime have pointed out that it is still relatively new, and has been subject to much challenge by defendants. But while it will inevitably take time to bed in, they argue that the regime is already effective in improving corporate behaviour and levelling the playing field for consumers.

The government said its review will also take into account existing work relevant to the regime, such as the Civil Justice Council (CJC)’s recent report on litigation funding.  

Its call for evidence will close on 14 October. 

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Tom Webster

Tom Webster

Commercial

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Loopa Finance Backs $1.4B Climate Case in Chile Over Ventanas Pollution

By John Freund |

In a high-stakes move that could redefine climate litigation in Latin America, Loopa Finance has announced it will fund a series of civil claims tied to environmental and human health damages stemming from the Ventanas thermoelectric complex in Chile. The lawsuits seek multimillion-dollar compensation for over 1,000 individuals in the so-called “sacrifice zones” of Quintero and Puchuncaví, alleging direct harm from toxic emissions over a seven-year period.

In a press release, Loopa Finance announced the litigation is built on a landmark study from the Centre for Research on Energy and Clean Air (CREA), which uses advanced atmospheric modeling to directly link emissions from the Ventanas facility to 563 deaths, hundreds of adverse birth outcomes, and an estimated USD 1.4 billion in economic losses between 2013 and 2020. The findings provide the first scientifically verified causal link between the plant’s pollution and measurable human and environmental harm—spanning as far as Santiago, 300 kilometers away.

The legal action, Arellano v. Empresa Eléctrica Ventanas SpA (Case No. C-8595-2025), was filed in the 18th Civil Court of Santiago in September 2025 and is led by attorney Miguel Fredes of the Climate Defense Program. Backed by precedent from Chile’s Supreme Court and UN findings on regional human rights risks, the plaintiffs seek environmental remediation, full compensation, and permanent closure of the Ventanas facility.

Loopa Finance—formerly known as Qanlex—brings its cross-border litigation funding model to bear, combining legal and engineering expertise across Latin America and Europe. “This is a landmark case,” said Loopa investment manager Federico Muradas. “We’re backing it because we believe in effective and restorative environmental justice.”

Burford Issues YPF Litigation Update Ahead of Pivotal Appeal Hearing

By John Freund |

Burford Capital has released a detailed investor update ahead of a key appellate hearing in its high-profile litigation against Argentina over the renationalization of YPF.

According to Burford’s press release, oral arguments in the consolidated appeal—referred to as the “Main Appeal”—are scheduled for October 29, 2025, before the US Court of Appeals for the Second Circuit. The hearing will address Argentina’s challenge to a $16 billion judgment issued in 2023, as well as cross-appeals concerning the dismissal of YPF as a defendant. The release outlines the appellate process and timelines in granular detail, noting that a ruling could come months—or even a year—after the hearing, with additional delays possible if rehearing or Supreme Court review is pursued.

Burford also clarified the distinction between the Main Appeal and a separate appeal involving a turnover order directing Argentina to deliver YPF shares to satisfy the judgment. That order has been stayed pending resolution, with briefing set to conclude by December 12, 2025. Meanwhile, discovery enforcement is proceeding in the District Court, where Argentina has been ordered to produce documents—including internal and “off-channel” communications—amid accusations of delay tactics.

International enforcement efforts continue in at least eight jurisdictions, including the UK, France, and Brazil, where Argentina is contesting recognition of the US judgment.

The update serves both as a procedural roadmap and a cautionary note: Burford stresses the unpredictable nature of sovereign litigation and acknowledges the possibility of substantial delays, setbacks, or settlements at reduced values.

FCA to Take Over AML Oversight of Legal Sector, Drawing Industry Backlash

By John Freund |

The UK legal profession is bracing for sweeping regulatory changes after the government announced plans to transfer anti-money laundering (AML) supervision of lawyers and accountants to the Financial Conduct Authority (FCA).

An article in Legal Futures details the surprise decision, which has sparked widespread criticism from legal regulators including the Solicitors Regulation Authority (SRA), the Council for Licensed Conveyancers (CLC), and the Law Society. SRA Chief Executive Paul Philip, speaking at the regulator’s compliance conference, described the change as “very different” from existing oversight, warning that the FCA’s rules-based approach could upend how legal firms manage AML compliance. SRA Chair Anna Bradley echoed this sentiment, highlighting the potential for friction in adapting to the FCA's framework.

Currently employing 30 AML specialists, the SRA may redirect those resources elsewhere, but clarity remains lacking on how the FCA will structure and fund its expanded mandate. Law Society President Mark Evans cautioned that the move could raise compliance costs and create a burdensome dual-regulation environment, sentiments echoed by the CLC and the Law Society of Scotland.

The FCA, for its part, says the consolidation will streamline AML oversight and bolster enforcement capabilities. However, several experts—including former SRA AML director Colette Best and compliance professionals across the sector—warn that the FCA’s unfamiliarity with legal practice, possible under-resourcing, and the need for new legislation may delay implementation and sow confusion.

While anti-corruption advocates like Spotlight on Corruption welcomed the move, calling it a long-overdue shakeup, industry voices argue the transition must be carefully managed to avoid disrupting one of the UK’s most respected professions.

For litigation funders, the development underscores a trend toward stronger centralized oversight in areas intersecting with financial crime enforcement. Questions remain over how the FCA’s broader enforcement style might influence law firms—and by extension, the funders who work with them.