PublicIn this episode, Dr. Rachael Kent shares her journey leading the collective action against Apple in the UK. She shares her experience bringing the action forward, and the impact it is having on claimants and consumers in the UK and beyond.
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Gen Re has published a white-paper warning casualty carriers that “stealth capital” behind many U.S. lawsuits is complicating claims evaluation and settlement strategy. Drawing on recent state reforms in Georgia, Indiana and West Virginia, the authors urge adjusters to demand early disclosure of funding agreements, nail down who controls litigation decisions, and model “loss-amplification” where funder ROI targets distort settlement ranges.
The report flags a surge of bespoke contracts—some tying funder exit multiples to milestone events, others granting veto rights over settlement—placing traditional bad-faith calculations at risk. It also cites emerging defense tactics: subpoenaing funder communications after privilege waivers, and leveraging new civil-procedure rules that compel funding disclosure in federal mass-torts.
For legal-finance shops, the memo is a reminder that the insurance lobby is mapping counter-measures in real time. Expect more discovery fights over work-product doctrine and, potentially, higher re-insurer premiums priced into portfolios that contain funded claims.
Australia’s long-running investigative program, Four Corners, has turned its lens on the country’s booming class-action market— and on the third-party funders who bankroll it.
ABC News’ 47-minute report, The Price of Justice, chronicles how class actions once hailed as David-versus-Goliath tools have evolved into profit engines for litigation investors and plaintiff firms alike. Viewers are walked through three marquee matters: the $272 million Uber settlement backed by Harbour Litigation Funding, Indigenous “Stolen Wages” cases funded by Litigation Lending Services, and the notorious Banksia Securities collapse that saw lawyers doubling as funders and later embroiled in fraud. Former Harbour co-founder John Walker defends the model’s “social-justice bent,” but admits average recoveries for claimants can fall below 60% once commissions and fees are carved out.
Critics interviewed argue that minimal regulation—offshore funders can reap 250% returns—has turned Australia into a “honeypot.” Pro-funding voices counter that without outside capital many mass-harm cases would never reach court. The broadcast lands as Canberra again mulls caps on commissions and mandatory licensing for funders—measures shelved last Parliament.
The programme’s searing anecdotes are likely to re-energise calls for tighter disclosure around fee-sharing and a statutory floor for claimant recoveries. Funders operating in Australia may soon face a two-front challenge: reputational scrutiny in the media and renewed legislative momentum in Parliament.
New survey data of 765 UK business leaders finds overwhelming support for third-party litigation funding as a catalyst for growth rather than mere cost-containment. Asked to weigh the mechanism’s risks and rewards, 68% said funding is good for the business environment against just 7% who view it negatively—a ten-to-one margin. Nearly four in five executives would consider using a funder themselves, and a plurality would plough the freed-up capital into technology upgrades (49%), followed by new products or services (44%) and market-expansion campaigns (38%).
An article in Law Gazette reports that consumer attitudes track the corporate sentiment, with 76% of the 1,501 adults polled willing to rely on funding to pursue claims and 87% stressing the importance of access to the Competition Appeal Tribunal for anti-competitive matters. Critically, only 43% feel confident taking on large companies unaided, a “justice gap” that Dr Rachael Kent—lead representative in the £1.5 billion collective action accusing Apple of App Store abuses—says funders are uniquely positioned to close. “It’s only through litigation funding that we can create a more competitive market,” she noted, with support strongest among Labour voters.
International Legal Finance Association chair Neil Purslow added that a swift legislative fix to reverse the Supreme Court’s PACCAR decision would let funders redeploy capital into the UK and, by extension, allow claimant companies to redirect savings toward digital transformation and other growth projects.
For funders, the message is unmistakable: mainstream businesses now view legal finance as a strategic enabler, while public willingness to use funding bolsters collective-action pipelines. If Westminster moves quickly on PACCAR, the industry could see an infusion of demand and capital that reshapes Britain’s litigation landscape in the coming quarters.
