Trending Now
  • Jonathan Sablone Launches Sablone Advisory LLC, a Boutique Law and Advisory Firm Focused on Litigation Finance

Litigation Capital Management Limited Positive Update on Fund I Investment

By Harry Moran |

Litigation Capital Management Limited Positive Update on Fund I Investment

Litigation Capital Management Limited (AIM:LIT), an alternative asset manager specialising in dispute financing solutions internationally, announces a positive development on an investment within its Fund I portfolio.

LCM has funded a claim advanced in respect of an international arbitration claim brought against the Republic of Poland under the United Nations Commission on International Trade Law (UNCITRAL) Rules. The Tribunal has unanimously held in favour of the funded party that the Republic of Poland breached its obligations under the Australia-Poland Bilateral Investment Treaty and the Energy Charter Treaty.  

The quantum of the award entered in favour of LCM’s funded party totals A$490 million plus interest.

LCM’s funded party has therefore been successful in the claim. If the award is not subject to challenge and is not satisfied the dispute will move to an enforcement stage. We will assess any further funding requirements once the enforcement strategy has been finalised.

The total investment into the case to date is A$16.6 million (US$11.3 million). This investment comprises A$4.2 million (US$2.8 million) from LCM’s own balance sheet and A$12.4 million (US$8.5 million) of third party capital from Fund I. In line with our usual practice LCM’s returns are calculated as a rising multiple of invested capital over time.  

This investment is no longer attended with liability and quantum risk as that has been decided. Final performance will be announced to the market after conclusion of the investment. However, if the award is satisfied within a reasonable period without the need for enforcement, then based upon the contractual terms with the funded party as at the date of this announcement, LCM would be entitled to a multiple of 6 times its own invested capital plus significant performance fees on third party capital invested. 

Patrick Moloney, CEO of LCM, commented: “This announcement represents a very significant milestone in this investment. Subject to any challenge to the very favourable and unanimous award we now move to an enforcement stage. This investment is part of Fund I and therefore stands to benefit from significant performance fees giving it the potential to be the most successful investment in LCM’s history.”

About LCM

Litigation Capital Management (LCM) is an alternative asset manager specialising in disputes financing solutions internationally, which operates two business models. The first is direct investments made from LCM’s permanent balance sheet capital and the second is third party fund management. Under those two business models, LCM currently pursues three investment strategies: Single-case funding, Portfolio funding and Acquisitions of claims. LCM generates its income from both its direct investments and also performance fees through asset management.

LCM has an unparalleled track record driven by disciplined project selection and robust risk management. Currently headquartered in Sydney, with offices in London, Singapore, Brisbane and Melbourne, LCM listed on AIM in December 2018, trading under the ticker LIT.

www.lcmfinance.com

About the author

Harry Moran

Harry Moran

Commercial

View All

UK Litigation Funding Reforms in 2026: From Commercial Tool to Regulated Justice Feature

By John Freund |

A new Solicitor News analysis frames 2026 as the year UK litigation funding completes its transition from a flexible commercial tool to a regulated feature of the justice system, with transparency, fairness, and proportionality of funder returns now squarely in the line of sight of both Parliament and the courts. The piece argues that funding arrangements are no longer treated as peripheral financial instruments but are instead being examined as active components of the disputes they finance.

As reported by Solicitor News, the post-PACCAR landscape continues to drive structural change — pushing funders to restructure agreements that had been classified as damages-based agreements under the Supreme Court's ruling and prompting heightened judicial scrutiny of conflicts of interest, procedural fairness, and the economics of group actions. The analysis flags tighter funder selectivity, deeper firm-side due diligence on funder counterparties, and an expectation of more rigorous early-stage case assessment as defining features of the new regime.

For UK law firms, the article identifies opportunities alongside the risks: enhanced client confidence through transparency, differentiation for firms that can demonstrate compliance expertise, and a chance to position funding as part of an integrated dispute strategy rather than an after-the-fact add-on. The broader signal is that 2026 reforms — coming on top of FCA enforcement activity in adjacent financial sectors — are converging into a tighter regulatory perimeter that funders and claimant firms alike will need to navigate deliberately rather than incidentally.

Adam Levitt Pushes Back on the “Tort Reform” Myth in National Law Journal Column

By John Freund |

Plaintiffs' class action attorney Adam J. Levitt of DiCello Levitt has used his monthly *National Law Journal* column to challenge what he calls the central premise of the modern tort reform movement — that America is "drowning in lawsuits" — arguing that the framing is unsupported by the data and has nonetheless underwritten 40 years of legislative and regulatory restrictions on civil litigation. The column lands at a moment when third-party litigation funding regulation is being driven in significant part by that same narrative.

As reported by Law.com, Levitt's piece traces the durability of the U.S. Chamber of Commerce's tort reform messaging across decades and argues that empirical studies on filing rates, recoveries, and class certification do not support the picture of runaway plaintiff abuse that the messaging projects. The column situates current TPLF disclosure proposals, class-action reform efforts, and aggressive state-level restrictions on funded litigation as downstream effects of a flawed factual premise rather than as responses to a documented surge in litigation.

For litigation funders, the column is significant precisely because the "drowning in lawsuits" narrative has been the connective tissue between traditional tort reform priorities and the newer push to constrain TPLF through disclosure mandates, foreign-funder bans, and registration regimes. Levitt's piece supplies plaintiffs' counsel and funders with a rebuttal frame to deploy in legislative debates and judicial proceedings — even as defense-side groups continue to lean on Chamber-aligned data in support of further restrictions.

Ivo Capital Backs €673 Million Dutch Consumer Claim Against Netflix Over Pricing Practices

By John Freund |

Stichting Bescherming Consumentenbelang, a Dutch consumer protection foundation, has filed a class claim against Netflix in the Amsterdam District Court alleging that the streaming service raised subscription prices by as much as 75% since 2017 without the transparent justification required under EU consumer protection rules. The claim values consumer damages at between €420 million and €673 million on behalf of an estimated 3 to 4 million Dutch subscribers, with more than 1,000 already registered.

As reported by The Next Web, the action is funded by IVO Capital under a no-cure, no-pay arrangement that entitles the funder to up to 25% of any compensation awarded. The legal grounds rest on EU Directive 93/13/EEC on unfair contract terms, with the foundation arguing that Netflix's generic price-change clauses — paired with a 30-day notice and cancellation option — fail the requirement that consumer terms be expressed in "clear and comprehensible" language and meet specific conditions for unilateral modification. Netflix has stated that it takes consumer rights "very seriously" and is "convinced" its terms comply with local laws and consumer expectations.

The case adds a high-profile data point to Europe's expanding pipeline of consumer-led, funder-backed pricing claims, alongside the wave of competition-driven collective actions running through the UK Competition Appeal Tribunal and similar proceedings in Germany and Spain. For commercial funders, the structure illustrates how subscription-economy pricing disputes — long viewed as marginal under traditional damages frameworks — can become viable matters when aggregated across millions of consumers under EU consumer law.