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New Zealand Weather Tightness Case Settles for NZ $1.25 Million

New Zealand Weather Tightness Case Settles for NZ $1.25 Million

This week, James Hardie Industries announced a settlement in a weather tightness class action heard in Auckland High Court—in the middle of a trial expected to last 17 weeks. James Hardie, a global producer of fiber cement and fiber gypsum, will receive NZ $1.25 million as part of the settlement. Yahoo! Finance details that Harbour Litigation Funding will pay James Hardie’s award, and neither party will make an admission of liability. This represents a final settlement for the ‘White litigation’ regarding Harditex cladding. However, two more claims remain—the Cridge litigation and the Waitakere litigation. Country Manager John Arneil stated that the outcome of the White litigation supports the stance that the allegations were lacking in merit. A ruling in the Cridge litigation is expected sometime this month. An Auckland High Court is not expected to hear the Waitakere litigation until the summer of 2023.
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Singapore Court Expands Scope for Legal Finance in Civil Cases

By John Freund |

In a pivotal decision likely to reshape Singapore’s litigation finance landscape, the country’s High Court has affirmed that third-party funding is permissible beyond its historically narrow confines. The judgment, delivered in DNQ v DNR (2025), broadens legal finance's potential use in civil cases unrelated to insolvency or arbitration, marking a significant milestone in the jurisdiction’s approach to access-to-justice tools.

An article on Burford Capital's blog notes that the case involved a claimant pursuing enforcement in Singapore of a £31 million UK family court award. Facing financial hardship, the claimant secured funding from a professional litigation financier. The defendant moved to strike out the case, arguing the arrangement violated public policy by being champertous. But the court disagreed.

Presiding Senior Judge Tan Siong Thye upheld the funding agreement, finding it did not offend the principles of justice or procedural fairness under the Vanguard test. Crucially, the judge ruled that statutory reforms to Singapore’s Civil Law Act did not negate common law exceptions that allow for such funding arrangements.

The court outlined three factors favoring the agreement: the claimant’s lack of resources absent funding, the reasonableness of the funder’s return (potentially up to 56%), and the claimant’s continued control over litigation strategy. The judgment also clarifies that litigation funding is not confined to the specific scenarios listed under section 5B of the Civil Law Act, such as insolvency or arbitration, thus opening the door to broader use in commercial disputes.

This decision signals increasing judicial acceptance of litigation finance in Singapore’s courts and is likely to embolden funders exploring opportunities in the region. As jurisdictions around the world re-evaluate the role of third-party funding, Singapore’s High Court appears poised to join a growing chorus endorsing its value in supporting equitable legal outcomes.

Woodsford Objects as FCJ Intervenes in Stagecoach Settlement

By John Freund |

The UK Competition Appeal Tribunal (CAT) has allowed Fair Civil Justice (FCJ) to intervene in the “Boundary Fares” collective action against Stagecoach South Western Trains—a case backed by Woodsford—squarely over who should receive any undistributed settlement funds. The class representative, Justin Gutmann, and funder Woodsford opposed the move, arguing FCJ’s stance risks cutting across the court-approved settlement framework and the interests of the class.

An article in CDR reports that FCJ now has permission to submit recommendations on distribution of unclaimed sums, a question that has taken on outsized importance amid slower-than-expected claims uptake. FCJ’s position emphasizes directing residual money away from claimant-side costs and toward consumer-benefiting destinations, including the Access to Justice Foundation or similar channels. The CAT’s permission gives the tribunal a counterpoint to submissions from the class representative, funder, ATE insurers and others, as it calibrates how to treat non-ringfenced amounts after the claims window closes.

Woodsford’s objection underscores the commercial stakes: the tribunal’s approach to residuals could inform how future CAT settlements structure non-ringfenced buckets, adverse costs protection, and any funder fees—particularly in cases where outreach yields limited direct compensation to class members.

LitFin Accused of Hijacking Kandinsky Art-Theft Suits

By John Freund |

A high-stakes recovery effort for a trove of Russian avant-garde art has devolved into a funder–claimant showdown. The family of the late collector Uthman Khatib alleges that Prague-based LitFin Capital withheld payments and sought to take control of litigation tied to roughly 1,800 works—including pieces by Wassily Kandinsky, Kazimir Malevich, and El Lissitzky—allegedly stolen from German storage in 2019. Dentons partner Heiko Heppner, counsel to the Khatibs, says LitFin crossed ethical lines by conditioning fee payments on the ability to directly steer the suits and even pressing for the Khatibs’ removal from the claim.

An article in Bloomberg Law reports that the dispute has moved to private arbitration in Frankfurt, where the Khatibs accuse LitFin of breaching a funding agreement reportedly sized at €8.5 million. After initially financing recoveries—including a 2024 police raid in France that turned up a large cache—the relationship soured; by late 2024 LitFin had disbursed about €3.7 million and then stopped paying, according to the family. The Khatibs say the funder insisted Dentons take instructions directly from LitFin and would release roughly €2 million in unpaid fees only if it could assert greater control. LitFin CEO Maroš Kravec declined to discuss ongoing proceedings, saying the firm is committed to transparency and will vigorously defend against “unfounded” accusations.

The litigation is in flux following the July death of Uthman Khatib; proceedings against alleged orchestrator Mozes Frisch and the arbitration with LitFin are paused pending estate matters, though a related French case continues. Around 400 works are currently held by French and German courts; the whereabouts of many others remain unknown. The clash lands amid intensifying scrutiny of funder influence, with recent U.S. state measures in Georgia and Louisiana explicitly curbing funder control.

For legal finance, the case spotlights the fault line between capital provision and case control—particularly in cross-border asset recoveries where monetization paths are complex. Expect renewed focus on governance terms, fee-release mechanics, and escalation protocols that minimize brinkmanship without undermining claimant autonomy.