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With Nod to Burford, Rosenblatt Clarifies Accounting for Litigation Funding Arm

With Nod to Burford, Rosenblatt Clarifies Accounting for Litigation Funding Arm

UK law firm Rosenblatt announced the formation of a litigation funding arm when the firm went public last year. Now, in the firm’s half-year report, CEO Nicola Foulston announced that Rosenblatt will be treating all un-concluded claims as costs, eschewing any potential concern over its accounting methodology. As reported in the Financial Times, Rosenblatt’s announcement comes on the heels of the Muddy Waters allegations against Burford Capital. The core allegation is that Burford inflates its balance sheet by accounting for profits from cases that haven’t been concluded yet. Foulston said her company will only account revenue/earnings from concluded claims, and not those that reach certain benchmarks and achieve a likely probability of payout. Both Rosenblatt and Burford adhere to IFRS 9 accounting standards, but those standards allow for some wiggle room when it comes to investment valuation. Burford’s accounting is audited by Big-4 accounting firm EY, but that hasn’t stopped some in the investment community from questioning its use of fair value accounting for inherently risky financial products. Clearly, Rosenblatt is distancing its own accounting practices from those of Burford. In the six months ending June 30th, Rosenblatt realized £10.2MM in firm revenue and £3.2MM in pre-tax profit. The company has invested £1.5MM in four claims, none of which have concluded yet. The firm also sold off its stake in a separate claim as a secondary for £2MM.
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Ciarb Finalizes Third-Party Funding Guideline for Arbitration

The Chartered Institute of Arbitrators (Ciarb) has finalized a guideline intended to bring greater clarity and consistency to the use of third-party funding (TPF) in international arbitration. The document addresses practical touchpoints that routinely surface in funded cases, including disclosure expectations, funder–party control, conflicts management, security-for-costs, and termination provisions.

An article in Global Arbitration Review reports that Ciarb’s move follows a multi-year effort to codify best practices as funding becomes a normalized feature of international disputes.

The guideline frames TPF as non-recourse finance that can enhance access to justice, while underscoring the need for transparent guardrails around influence and information-sharing. It also emphasizes tribunal discretion: disclosure should be targeted to the issues actually before the tribunal, with the goal of mitigating conflicts and addressing cost-allocation (including security) without converting funding agreements into mini-trials.

In parallel materials, Ciarb stresses that funded parties need not be impecunious and that funding may extend beyond fees to case-critical costs such as experts and enforcement.

For funders and users alike, the practical effect could be fewer procedural detours and more consistent outcomes on recurring questions (what to disclose, when to disclose it, and how to handle costs). If widely adopted in practice — by counsel in drafting and by tribunals in procedural orders — the guideline may reduce uncertainty premiums in term sheets and, in turn, lower the effective cost of capital for meritorious claims. It also sets a useful marker as regulators and courts continue to revisit TPF norms across key jurisdictions.

Loopa Finance Joins ELFA Amid European Expansion Push

By John Freund |

Litigation funder Loopa Finance has officially joined the European Litigation Funders Association (ELFA), marking a significant step in its ongoing expansion across continental Europe. Founded in Latin America and recently rebranded from Qanlex, Loopa offers a suite of funding models—from full legal cost coverage to hybrid arrangements—designed to help corporates and law firms unlock capital, manage litigation risk, and accelerate cash flow.

The announcement on Loopa Finance's website underscores the company's commitment to transparency and ethical funding practices. Loopa will be represented within ELFA by Ignacio Delgado Larena-Avellaneda, an investment manager at Loopa and part of its European leadership team.

In a statement, General Counsel Europe Ignacio Delgado emphasized the firm’s belief that “justice should not depend on available capital,” describing the ELFA membership as a reflection of Loopa’s approach to combining legal acumen, financial rigor, and technology.

Founded in 2022, ELFA has rapidly positioned itself as the primary self-regulatory body for commercial litigation funding in Europe. With a Code of Conduct and increasing engagement with regulators, ELFA provides a platform for collaboration among leading funders committed to professional standards. Charles Demoulin, ELFA Director and CIO at Deminor, welcomed Loopa’s addition as bringing “a valuable intercontinental dimension” and praised the firm’s technological innovation and cross-border strategy.

Loopa’s move comes amid growing connectivity between the Latin American and European legal funding markets. For industry watchers, the announcement signals both Loopa’s rising profile and the growing importance of regulatory alignment and cross-border credibility for funders operating in multiple jurisdictions.

Burford Covers Antitrust in Legal Funding

By John Freund |

Burford Capital has contributed a chapter to Concurrences Competition Law Review focused on how legal finance is accelerating corporate opt-out antitrust claims.

The piece—authored by Charles Griffin and Alyx Pattison—frames the cost and complexity of high-stakes competition litigation as a persistent deterrent for in-house teams, then walks through financing structures (fees & expenses financing, monetizations) that convert legal assets into budgetable corporate tools. Burford also cites fresh survey work from 2025 indicating that cost, risk and timing remain the chief barriers for corporates contemplating affirmative recoveries.

The chapter’s themes include: the rise of corporate opt-outs, the appeal of portfolio approaches, and case studies on unlocking capital from pending claims to support broader corporate objectives. While the article is thought-leadership rather than a deal announcement, it lands amid a surge in private enforcement activity and a more sophisticated debate over governance around funder influence, disclosure and control rights.

The upshot for the market: if corporate opt-outs continue to professionalize—and if boards start treating claims more like assets—expect a deeper bench of financing structures (including hybrid monetizations) and more direct engagement between funders and CFOs. That could widen the funnel of antitrust recoveries in both the U.S. and EU, even as regulators and courts refine the rules of the road.