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SHIELDPAY LAUNCHES GUIDE TO EFFECTIVE LITIGATION SETTLEMENT DISTRIBUTION FOR LEGAL SECTOR

SHIELDPAY LAUNCHES GUIDE TO EFFECTIVE LITIGATION SETTLEMENT DISTRIBUTION FOR LEGAL SECTOR

In the face of increasing demand for better strategies for litigation compensation payments, Shieldpay, the payments partner for the legal sector, has created the Blueprint to Distribution’a step-by-step guide that shares best practice on how to scale efficiently and distribute best-in-class payments for claimants. 

The huge growth in litigation in recent years (total value of UK class actions alone rose from £76.6 billion in 2021 to £102.7 billion in 2022) means the legal sector must adopt strategies that will enable it to scale efficiently with the growing demand. In 2019, the average litigation revenue for a firm in the UK Litigation 50 was £82.4m. That figure had reached £110m by 2023 and is widely predicted to follow this upward trajectory.

Settlement payouts can be a complex and lengthy process without the right support and guidance. The process of distributing funds can often be overlooked until the settlement is finalised, leading to sudden complications, risk concerns and a huge administrative burden on a tight deadline.

Litigation cases are by no means finished once a settlement has been agreed. Depending on the size and complexity of the case, the distribution process can take many months, if not years. Most claimants will want the compensation due to them as quickly as possible, so firms need to plan for a successful and seamless distribution of funds well ahead of time to avoid frustration and uncertainty for their clients.

To help lawyers navigate litigation payments and adopt strategies that will reassure and build trust amongst claimants, Shieldpay’s ‘Blueprint to Distribution’ guide goes through the critical steps teams need to take throughout the case to ensure claimants receive their funds quickly and efficiently. The key to success is planning the distribution process as early as the budget-setting phase, where the payout is considered as part of the case management process to optimise for success. This process also includes developing a robust communications strategy, collecting and cleansing claimant data, and choosing the right payments partner to handle the settlement distribution.

In its guidance for legal practitioners on delivering a successful payout, ‘Blueprint to Distribution’ highlights the need for payment considerations to be aligned and collaborative throughout the lifecycle of a case, not left to be worked out at the end. Working with the right partner enables firms to understand how to design and deliver an optimal payout, taking into account the potential long lead times involved from the initial scoping of a case to the actual payout, with refinements and changes likely to occur to the requirements as a case unfolds. 

Claire Van der Zant, Shieldpay’s Director of Strategic Partnerships, and author of the guide, said: “Last year, the conversation amongst the litigation community was understandably focused on how to get cases to trial. Delays to proceedings arising from evolving case management requirements, including the PACCAR decision, caused delays and frustration amongst those actively litigating cases and striving for final judgements. 

“Fundamentally, legal professionals want to deliver justice and good outcomes for claimants. To do that, we need to think bigger than just a blueprint to trial, and consider a ‘Blueprint to Distribution’, because once a final judgement has been delivered, it doesn’t end there. Delivering a successful distribution requires advance planning and consideration to be effective and efficient. This step-by-step guide aims to help law firms, administrators and litigation funders deliver the best payment experience and outcome for claimants.” 

For the full ‘Blueprint to Distribution’ guide visit www.shieldpay.com/blueprint-to-distribution

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Third‑Party Litigation Funding Gains Ground in Environmental Cases

By John Freund |

Environmental suits, increasingly seen as tools to hold governments and corporations accountable for ecosystem destruction and climate risk, often stall or never get filed because of steep costs and limited budgets.

An article in Nature highlights the U.S. commercial TPLF market as managing over US $12.4 billion in assets, showcasing the potential scale of the model for environmental justice. The core argument is that by providing funding to plaintiffs who otherwise could not afford the fight, TPLF can enable lawsuits that address pollution, habitat loss and climate change liability — aligning with broader calls to broaden access to justice in sustainability law. At the same time, the author cautions that TPLF carries risks: it may bring conflicts of interest, shift control of litigation away from claimants, or impose commercial pressures that are misaligned with public-interest goals.

For the legal funding industry this correspondence underscores important dimensions. It signals an expanding frontier: environmental litigation is becoming a viable sector for funders, not just mass-torts or commercial disputes. But it also raises governance questions: funders will need to establish best practices to ensure alignment with public interest, preserve claimant autonomy and guard against criticisms of “outsourcing” justice to commercial actors.

The article suggests that regulators, funders and civil-society actors should collaborate to craft transparent frameworks and guardrails if TPLF is to fulfill its promise in environmental realms.

How Litigation Funding Evens the IP Playing Field

By John Freund |

Third-party litigation funding (TPLF) is becoming increasingly important for small firms, inventors and universities seeking to enforce intellectual-property rights against major corporations.

According to an article in Bloomberg, funding arrangements enable plaintiffs with viable claims—but limited resources—to access litigation and expert fees that would otherwise be prohibitive. In the complex IP space, cost and risk often preclude smaller rights holders from doing anything meaningful when a financially strong infringer acts. In effect, the commentary argues, litigation finance helps tilt the playing field back toward fairness and innovation rather than letting size alone determine outcomes.

The piece also observes that public debate has at times mis-characterised litigation funding—especially after efforts to tax funder returns—which it says “shined a spotlight on the solution” rather than creating the problem. The authors stress that the proper policy response is not punitive taxation or sweeping disclosure mandates that risk chilling investment. Instead, they advocate for targeted transparency under court supervision, combined with a recognition that accessible funding is a core part of ensuring just enforcement of IP rights.

For the legal-funding industry, the commentary underlines several take-aways: funders who back IP-rights holders serve a social as well as economic role, helping inventors and smaller entities access justice they could not otherwise afford. The industry should engage proactively in outreach: educating IP counsel and claim-holders about funding, telling success stories of smaller plaintiffs, and working with policymakers and legislators to shape rational regulation. The challenge remains to balance the benefits of funding with ethical, transparency and conflict-of-interest safeguards—as discussion in the broader TPLF context shows.

Chartered Institute of Arbitrators Issues First Guidance on Third-Party Funding in Arbitration

By John Freund |

The Chartered Institute of Arbitrators (CIArb) has issued its first-ever Guideline on Third-Party Funding in arbitration, offering comprehensive direction on how parties, counsel, tribunals, and funders should navigate funded disputes. This milestone guidance is aimed at promoting transparency, consistency, and effective case management in arbitration where third-party funding plays a role.

The guideline addresses two primary areas. First, it outlines the third-party funding process, explaining funding structures, pricing models, and key provisions typically found in funding agreements. It provides a practical overview of the benefits and potential pitfalls of using funding in arbitration proceedings. Second, it tackles arbitration-specific case management issues, such as how funder involvement—though often portrayed as passive—can influence strategic decisions, including arbitrator selection, settlement discussions, and procedural posture. The guideline stresses the need to clearly delineate the scope of the funder's control or influence in any agreement.

CIArb also emphasizes the importance of early disclosure. The existence of funding and the identity of the funder should be revealed at the outset to avoid conflicts of interest and challenges to tribunal impartiality. On confidentiality, the guidance urges parties to reconcile the typically private nature of arbitration with the disclosure obligations inherent in funded cases.

Additionally, the guideline explores three critical cost issues: whether funders may cover arbitrator deposits, the increasing prevalence of security for costs orders targeting funders, and the evolving question of whether tribunals should allow recovery of funding costs.