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Report Highlights ‘Substantial Benefits’ of Litigation Funding for Consumer Justice

By Tom Webster |

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

Litigation funding provides ‘substantial benefits’ to claimant organisations, and robust funding mechanisms are ‘essential’ to secure justice for consumers, an authoritative report found last month.

The report, Justice Unchained, by European consumer organisation BEUC, also found many of the common criticisms of litigation funding were not backed up by evidence.

The study found that consumer organisations across Europe face significant financial challenges to starting collective redress actions. It noted that initiating a collective action is ‘complex, risky, and expensive’, often involving lengthy proceedings that need significant resources.

The report said: ‘Without sufficient funding, important cases will remain unaddressed and risk making the Representative Actions Directive (RAD)2 an empty shell’.

BEUC said that as public funding, membership fees and donations were often insufficient or unavailable, litigation funding had emerged ‘as a solution to bridge a funding gap’. Benefits for the claimant included access to necessary resources, risk transfer, and ‘a more equal playing field between consumer organisations and powerful defendants’, it said.

The report added that frequent criticisms of litigation funding, such as ‘the risk of frivolous litigation, undue influence by funders, or targeting competitors’ were ‘not well-substantiated’, and ‘insufficiently evidenced by specific cases’.

According to the report, the potential risks of litigation funding in the context of collective redress are already addressed by the Representative Actions Directive, which requires member states to establish a framework that includes procedures to prevent conflicts of interest and undue influence, with judicial oversight to ensure compliance.

The report found that additional regulation of litigation funding at EU level should therefore only be considered if it is necessary. It said: ‘Two-thirds of EU Member States have opted not to regulate [litigation funding] beyond the RAD’s requirements, finding these safeguards sufficient to govern [litigation funding] effectively for collective redress actions. Besides, [litigation funding] can be managed through judicial oversight, as is the case in several Member States with a longer history of using [it]’.

The BEUC report suggested that a set of ‘best practices’, jointly established and agreed by funders, claimant organisations and others, may provide for ‘a balanced solution, ensuring [litigation funding] remains viable while promoting fairness and transparency.’

It said such best practice could encompass transparency over the funder’s sources of capital; full decision-making autonomy for the consumer organisation and its legal counsel; clear agreements on all expenses covered by the funder; clearly defined funder’s remuneration; assurance of the funder’s financial adequacy to meet obligations; strict compliance with transparency requirements set by the law; effective detection and disclosure of any conflicts of interest; well-defined conditions for termination of the funding; and a robust dispute resolution mechanism.

About the author

Tom Webster

Tom Webster

Tom is the Chief Commercial Officer for Sentry Funding

Commercial

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AALF Announces Completion of Template Insolvency Litigation Funding Agreement

By Harry Moran |

One of the common talking points at industry events is the need for increased standardisation in legal funding, with a set of agreed upon best practices often viewed as an important step forward for the maturation of the industry.

In a post on LinkedIn, The Association of Litigation Funders of Australia (AALF) announced that it has created and released a Template Insolvency Litigation Funding Agreement. AALF explains that the template is designed ‘to optimise efficiency for lawyers and insolvency practitioners involved in funded insolvency litigation’, providing a practical industry baseline for the use of such funding agreements in Australia. 

The ‘insolvency claim funding deed’ template as shown in the announcement offers a basic layout for the details of the funder, claimant, insolvency practitioner, and lawyers. The deed structure then outlines the following four key components that the deed will be comprised of: commercial terms, funding deed – general funding terms, definitions, and three annexures. The annexures include an insolvency practitioner’s report, a lawyer’s report, and a payment claim report for other funded costs.

AALF expressed its thanks to its members who contributed to the completion of this template with special thanks to the following individuals: Frances Dreyer (Johnson Winter Slattery), Doug Hayter (Ironbark Funding), Heather Collins GAICD (Court House Capital), Stuart Price (CASL), Lisa Brentnall (Clover Risk Funding), John Walker (CASL), Michelle Silvers (Court House Capital), and Kelly Trenfield (FTI Consulting).

The template can be viewed here, and AALF encourages any parties interested in using this resource to contact them.

International Legal Finance Association Adds Certum to Mark 30 Member Companies

By Harry Moran |

The International Legal Finance Association (ILFA), the only global association of commercial legal finance companies, announced that it has added its 30th member company to the association –Certum Group. 

Certum Group specializes in comprehensive alternative litigation strategies, such as litigation buyout insurance, judgment preservation insurance, litigation funding, class action settlement insurance, adverse judgment insurance, and claim monetization. The Texas-based Certum Group team includes litigation and insurance professionals along with risk mitigation specialists. 

“We are delighted to join ILFA and help it engage with policymakers interested in litigation finance,” said William Marra, a Director at Certum Group who leads the company’s litigation finance efforts. “Funding helps people and companies with strong legal claims get better access to the courts. We are excited to work with IFLA and ensure policymakers continue to encourage rather than restrict companies’ access to commercial legal finance.” 

“We’re delighted that Certum is joining ILFA’s growing membership”, said Rupert Cunningham, ILFA’s Global Director of Growth and Membership Engagement. “Certum already provides a lot of thought leadership on litigation funding and other matters, and they will make a great addition to ILFA’s work to support the sector in the US and globally.” 

About the International Legal Finance Association   

The International Legal Finance Association (ILFA) represents the global commercial legal finance community, and its mission is to engage, educate and influence legislative, regulatory and judicial landscapes as the voice of the commercial legal finance industry. It is the only global association of commercial legal finance companies and is an independent, non-profit trade association promoting the highest standards of operation and service for the commercial legal finance sector. ILFA has local chapter representation around the world. 

For more information, visit www.ilfa.com and find us on LinkedIn and X @ILFA_Official.

How to Build — and Sustain — a Powerhouse Legal Team

The following was contributed by Richard Culberson, the CEO North America of Moneypenny, the world’s customer conversation experts, specializing in call answering and live chat solutions.

Teams have the power to deliver sharper results, better service, and greater resilience. But how can we turn collaboration into a powerhouse — and keep it going?

As someone who leads a fast-paced customer conversations business, I know firsthand how critical strong teamwork is to delivering excellence, building trust, and staying competitive. While I don’t lead a law firm, I work closely with legal professionals across North America every day — and I’ve seen that the principles behind high-performing teams apply just as much in the legal sector as they do in tech.

At Moneypenny, we support thousands of law firms by providing virtual receptionists, client communication tools, and 24/7 support — so we understand the pressures legal teams face: high stakes, fast turnarounds, and a growing expectation for more responsive, more efficient service.

So, here’s the big question: how do you transform teamwork from something that gets things done to something that drives sustained excellence? 

Defining a Powerhouse Legal Team

We’ve all heard the phrase, “teamwork makes the dream work.” But in reality, that only holds true when the team is built and supported in the right way.  What really makes the difference is a powerhouse team – one that doesn’t just meet expectations but shapes them.

A legal team, like any tech or ops team is made up of specialists - attorneys, paralegals, and support staff. It's a collaborative unit aligned toward shared client outcomes — whether that’s winning a case, closing a deal, or shaping legal strategy. A powerhouse legal team, however, takes this a step further. It consistently delivers excellence, anticipates client needs, and influences firm-wide success.

This could be the litigation team that wins precedent-setting cases. The M&A group that closes complex deals under pressure. Or the in-house counsel team that protects and propels business strategy. Whatever the mission, a powerhouse team lead sthrough several key building blocks, and in my experience, they’re universal to all industries.

The Seven Pillars of a Powerhouse Team (Legal or Otherwise)

So, how do you build that level of excellence? It starts with people — the right people. In legal services, your people are your greatest asset. But it’s not just about legal acumen. They must align with your firm’s culture, values, and long-term vision.

Then, you build on these seven pillars:

1. Strong Legal Leadership

Every successful team needs a leader who can inspire and set a strategic course. Whether it’s a senior partner, practice head, or general counsel, their job is to elevate the team’s performance, foster a culture of accountability, and ensure alignment with both client goals and firm direction. Great leaders don't micromanage — they empower.

2. Shared Goals and Legal Vision

Powerhouse teams are unified by clear, shared goals. Everyone knows what success looks like and what’s expected of them — whether that’s billable hours, client feedback, or innovation in legal service delivery. When the entire team rallies around a common vision, alignment and momentum follow.

3. Diverse and Complementary Legal Expertise

No team succeeds when everyone brings the same strengths. The best-performing teams I’ve built include a mix of strategists, problem-solvers, doers and deep thinkers. The same principle applies in legal settings. Legal excellence requires more than technical brilliance in one area. It demands a combination of skills across disciplines. A litigation team thrives when trial lawyers, legal researchers, and case managers work seamlessly. In a corporate team, dealmakers, compliance professionals, and contract experts must collaborate. And just as important as functional skills is diversity of thought — bringing varied perspectives to legal problems leads to smarter, more creative outcomes.

4. Open and Effective Communication

In our world, communication is everything but that is true in all busines. Whether it’s delegating work, discussing a case strategy, or updating clients, effective communication prevents errors, builds trust, and enhances efficiency. I’ve found that when communication flows freely everything else works better. Egos stay in check, ideas get better and results speak for themselves.

5. Trust and Collaboration

A true team operates with mutual trust. Everyone understands their role, respects others’ and works to a shared goal. When legal professionals trust one another’s judgment, competence, and intentions, the team thrives. This trust allows lawyers to focus on their areas of expertise while relying on others to do the same. Collaboration becomes second nature, not forced. Roles are respected, workloads are balanced, and credit is shared. That kind of trust turns a good team into a powerhouse.

6. Adaptability and Resilience

Across the business landscape, we’re in a time when things change fast and the legal world is no different — new legislation, client demands, economic pressures. A powerhouse team responds with agility. They learn quickly, adjust strategies, and support each other during challenging cases or high-pressure deadlines. They don’t just survive stress — they strengthen through it.

7. Continuous Learning and Improvement

The best teams never stay still. Whether it’s staying ahead of regulatory changes, mastering new tech tools, or refining client service skills, powerhouse teams prioritize development. Mentoring, ongoing training, and regular performance feedback cultivate teams that evolve — not stagnate.

A commitment to continuous improvement sends a clear message: you believe in your team, and you’re investing in their growth. That, in turn, builds loyalty, engagement, and retention.

Final Thoughts

Whether you're building a tech team, a client success function, or a legal department, the fundamentals of a high-performing team remain the same. Great teams don’t just happen. They’re built with intent — with the right people, supported by the right culture, and driven by the right leadership.

When you get this right, the payoff is exponential. From more efficient operations to higher client satisfaction and better outcomes — powerhouse teamwork becomes a competitive advantage.

In any sector — and certainly in law — that’s a result worth striving for.