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Commercial Special Features

Should Judgement Enforcement Move In-House?

According to a recent Burford Capital survey, more than half of in-house lawyers say their company has awards and judgements that have remained uncollected—often to the tune of $20 million or more. That’s a staggering number of successful cases that go unfulfilled, from a collectability standpoint.

The role of a judgment enforcement team is to advise clients and funders on the feasibility of collecting an award or judgement, and overcome a variety of obstacles that stymie or prevent a successful recovery. Asset tracing, collection of evidence (digital and documents), and intelligence gathering all fall under the purview of enforcement. Lawyers and researchers leading the team seek out actionable leads on debtors, then employ a strategy (or series of strategies) for collection, often across multiple jurisdictions.

Earlier this month, Litigation Finance powerhouse Omni Bridgeway announced the launch of a US Judgement Enforcement arm. Omni already had the largest global judgement enforcement team with 50+ dedicated professionals, as well as a strong track record of success in global enforcement since 1986, spanning over 100 jurisdictions. The 2019 merger with IMF Bentham, which had maintained a US-presence under the banner of Bentham IMF, solidified Omni’s foothold in the US market. And this recent announcement further cemented the funder as an attractive option for litigation funding and enforcement in the United States.

Burford Capital, another leader in third-party litigation funding, has maintained its own in-house judgement enforcement team since 2015. The recent high-profile Akhmedova divorce case generated a slew of headlines for Burford’s enforcement team, which combed jurisdictions as wide-ranging as London, Turkey and Dubai, in an effort to seize assets including the Luna: a superyacht valued at over $200 million (along with its Eurocopter and torpedo speedboat).

From a litigation funder’s perspective, collectability is integral to the decision of whether to fund a claim. After all, there’s no ROI in simply winning a case.  Funders must therefore consider the collectability risk in every case they finance. Given this, we at Litigation Finance Journal wondered if Burford’s success and Omni Bridgeway’s recent expansion of its Judgement Enforcement division might foretell an industry trend. Will other funders start moving enforcement teams in-house? What exactly are the advantages of doing so, as opposed to working with third party enforcement firms?

We did some investigating of our own to find out the answers.

May the Enforcement Be with You

Enforcement is a complex, laborious process, and comes on the heels of what is often a long, drawn-out legal proceeding. This enables defendants to deploy tactics simply meant to wear a plaintiff out. Many plaintiffs are keen to focus on growing their business, as opposed to the particular minutiae of asset tracing. Thus, debtors will go to great lengths to hide assets—sometimes legally, sometimes not so much—in the hopes a creditor isn’t up for arduous task of tracing those assets.

The goal of judgement enforcement is to combine data-driven analysis with human experience and intelligence, to discover actionable insights with which to locate assets and ensure funds reach the deserving parties. This is often achieved by putting pressure on defendants, essentially by making it so cumbersome to continue to hide assets (also an expensive, complex process), that they simply opt to pay the judgment or award. Essentially, the job of an enforcement team is to make a defendant feel the way defendants often try to make plaintiffs feel—weary-eyed, and ready to throw in the towel.

“Judgement enforcement can be an uphill battle,” explains one Omni Bridgeway rep. “Although we prefer to solve matters quickly, we are in it for the long run.”

Since every case is bespoke, there is no playbook for how enforcement plays out. Typically, however, enforcement involves several key strategies:

  • Researching the historical behavior of the defendant (What types of claims did the defendant have previously? Did those claims go paid or unpaid? How did the defendant respond to prior enforcement actions, if any?).
  • Identifying a subset of jurisdictions where the defendant’s assets are located, and where enforcement measures can be used to collect those assets.
  • Structuring a multi-district, often cross-border enforcement and collection strategy.
  • Highlighting additional pressure points, outside of litigation, that can be leveraged to impel a defendant to make good on their debts.

Of course, with the proliferation of new technologies such as crypto and other blockchain-based innovations, the game is getting trickier, as more opaque avenues for shielding assets arise. Thus, the ability for an enforcement team to be nimble, flexible and adaptive is paramount. Much like a chess player anticipating her counter-party’s next move, a solid enforcement team must have both a plan of action in place, and an eagerness to break from that plan should the process lead in an unforeseen direction. Omni Bridgeway, for example, has assembled a robust team that can comfortably navigate a multitude of scenarios, comprising lawyers from diverse legal backgrounds, and researchers from a multitude of disciplines, including banking, science and economics.

Bringing it In-House

Third-party funders outsource an array of legal and financial services, including research, cultivating and preparing experts, Legal Tech development, and more. For some, especially smaller funders, it makes sense to outsource judgement enforcement as well. But for larger, more established funders and their clients —an in-house judgement enforcement arm offers numerous benefits:

  • A judgement enforcement team can be as valuable at the beginning of a case as it can after the case’s conclusion. Input from enforcement professionals can help determine the defendant’s ability to pay, which can then be used as a factor in whether or not to fund a specific case. If the case gets funded, this same information can be used when estimating a budget with a clear eye of what steps need to be taken to enforce a judgement.
  • An in-house enforcement team acts as a conversation partner for claimants and attorneys. Such teams are intimately familiar with the people and processes of the funders, case types, and workplace culture. This helps establish an internal knowledge base that can provide a seamless transition from one facet of the case to the next.
  • Multidisciplinary collaboration. In-house teams have the benefit of being able to rely not just on in-house legal resources from many jurisdictions, but also a research team with additional abilities and language skills, whose members can advise continuously on assets and asset movements, and enable the enforcement team to act quickly on opportunities if and when an asset is identified.
  • Litigation funding is an increasingly competitive business. When funders compete for clients, having a judgement enforcement division helps establish a funder’s commitment not just to the case, but to the final collection. Having an in-house enforcement team shows clients that the funder is able and willing to do the hard work necessary to trace assets and collect those unpaid judgments or awards.

One of the more overlooked benefits of an in-house enforcement team is its expansion of access to justice. While the enforcement team’s assessment of a defendant’s collectability risk can be used to eschew cases classified as high risk, it can also be leveraged in the opposite direction—to help funders finance cases that might otherwise appear too risky. In-house teams are intimately familiar with their organization’s risk appetite, and therefore can make recommendations to the investment committee based on the particulars of that specific appetite. The end result being that funders with in-house teams can finance cases that would otherwise go un-funded due to a high collectability risk. Omni Bridgeway has confirmed that it does have a specific appetite for enforcement or collectability risk. Having an in-house team with a deep understanding of that risk appetite benefits prospective clients, as the in-house relationship can help get their cases funded.

Omni shared this summation of the benefits of having an in-house enforcement team: “Omni is a formidable ally to everyone involved, sharing in both the recovery and risk, and only getting paid its fee if real recoveries are made. That alignment of interests with clients means that once we step in, clients know we believe in their case and will only advise a strategy that directly increases the chances of recovery. For us, [enforcement] is our core expertise.”

Looking Ahead 

Two of the largest litigation funders have successfully created and maintained in-house judgement enforcement teams. While it’s hard to know what the future holds for this rapidly-evolving sector, it is possible this will set off a trend among large and medium-sized third-party funders, as competition for clients is fierce, and funders must do all they can to stay apace. This, in turn, is likely to aid not just the enforcement of awards—but case selection and how funds are deployed.

As a rep from Omni points out, “The judgment enforcement capabilities do not just benefit clients with an existing judgment or award, they help us fund new ‘merits’ cases that might otherwise be considered too risky (because of a perceived collection risk), with the client knowing that the case is in safe hands from start to finish, should active enforcement be required.”

We’re not in the business of prognosticating, so we won’t predict what the future holds. We will, however, point out that methodologies adopted by one funder can often become industry trends (portfolio funding, secondaries investment, and the push towards defense-side funding are all examples). It’s been demonstrated that in-house judgement enforcement leads to increased client satisfaction, and—as third-party legal funding has always centered on—increased access to justice. After all, a favorable judgement has very little value if it remains uncollected. As such, a proliferation of in-house enforcement teams (should that indeed come to pass) will be a boon to clients, lawyers, and the funders who utilize them.

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Commercial People Moves

Therium Cuts UK Jobs as Part of Strategic Reorganisation

By Harry Moran |

Recent years have been described as a time of substantial growth and expansion in the global litigation funding market, yet new reporting suggests that one of the industry’s most well-known funders is downsizing its workforce.

An article in The Law Society Gazette provides a brief insight into ongoing changes being made at litigation funder Therium, reporting that the company is undertaking a number of layoffs as part of plans to restructure the business. The article states that these job cuts have been made to Therium’s UK workforce, with the business claiming the cuts are motivated by strategic reorganisation rather than financial pressures. 

There are no details currently available as to which employees have been let go, with Therium having removed the ‘Our People’ section of its website. The Gazette also discovered the incorporation of a new company called Therium Capital Advisors LLP on 15 April 2025, through a review of Companies House records. The new entity’s records list Therium’s chief investment officer, Neil Purslow, and investment manager, Harry Stockdale, as its two designated members. 

Companies House records also show that Therium filed a ‘termination of appointment of secretary’ for Martin Middleton on 19 March 2025. Mr Middleton’s LinkedIn profile currently lists his position as Therium’s chief financial officer, having first joined the funder as a financial controller over 15 years ago.

At the time of reporting, Therium has not responded to LFJ’s request for comment.

Commercial Special Features

Litigation Funding in GCC Arbitration

By Obaid Mes’har |

The following piece was contributed by Obaid Saeed Bin Mes’har, Managing Director of WinJustice.

Introduction

A Practical Overview

Third-party litigation funding (TPF)—where an external financier covers a claimant’s legal fees in exchange for a share of any resulting award—has gained significant traction in arbitration proceedings across the Gulf Cooperation Council (GCC). Historically, TPF was not widely used in the Middle East, but recent years have seen a notable increase in its adoption, particularly in the United Arab Emirates (UAE). The economic pressures introduced by the COVID-19 pandemic, coupled with the high costs of complex arbitrations, have prompted many parties to view TPF as an effective risk-management strategy. Meanwhile, the entry of global funders and evolving regulatory frameworks highlight TPF’s emergence as a key feature of the GCC arbitration landscape.

Growing Adoption

Although the initial uptake was gradual, TPF is now frequently employed in high-value disputes across the GCC. Observers in the UAE have noted a discernible rise in funded cases following recent legal developments in various jurisdictions. Major international funders have established a presence in the region, reflecting the growing acceptance and practical utility of TPF. Similar growth patterns are evident in other GCC countries, where businesses have become increasingly aware of the advantages offered by third-party financing.

By providing claimants with the financial resources to pursue meritorious claims, third-party funding is reshaping the dispute-resolution landscape. As regulatory frameworks evolve and more funders enter the market, it is anticipated that TPF will continue to gain prominence, offering both claimants and legal professionals an alternative means of managing arbitration costs and mitigating financial risk.

Types of Cases

Funders are chiefly drawn to large commercial and international arbitration claims with significant damages at stake. The construction sector has been a key source of demand in the Middle East, where delayed payments and cost overruns lead to disputes; contractors facing cash-flow strain are increasingly turning to third-party funding to pursue their claims. High-stakes investor–state arbitrations are also candidates – for instance, in investment treaty cases where a government’s alleged expropriation deprives an investor of its main asset, funding can enable the claim to move forward . In practice, arbitration in GCC hubs like Dubai, Abu Dhabi, and others is seeing more funded claimants, leveling the field between smaller companies and deep-pocketed opponents.

Practical Utilization

Law firms in the region are adapting by partnering with funders or facilitating introductions for their clients. Many firms report that funding is now considered for cases that clients might otherwise abandon due to cost. While precise data on usage is scarce (as most arbitrations are confidential), anecdotal evidence and market activity indicate that third-party funding, once rare, is becoming a common feature of significant arbitration proceedings in the GCC. This trend is expected to continue as awareness grows and funding proves its value in enabling access to justice.

Regulatory Landscape and Restrictions on Third-Party Funding

UAE – Onshore vs. Offshore

The United Arab Emirates illustrates the region’s mixed regulatory landscape. Onshore (civil law) UAE has no specific legislation prohibiting or governing litigation funding agreements . Such agreements are generally permissible, but they must not conflict with Sharia principles – for example, funding arrangements should avoid elements of excessive uncertainty (gharar) or speculation . Parties entering funding deals for onshore cases are cautioned to structure them carefully in line with UAE law and good faith obligations. In contrast, the UAE’s common-law jurisdictions – the Dubai International Financial Centre (DIFC) and Abu Dhabi Global Market (ADGM) – explicitly allow third-party funding and have established clear frameworks.

The DIFC Courts issued Practice Direction No. 2 of 2017, requiring any funded party to give notice of the funding and disclose the funder’s identity to all other parties . The DIFC rules also clarify that while the funding agreement itself need not be disclosed, the court may consider the existence of funding when deciding on security for costs applications and retains power to order costs against a funder in appropriate cases. Similarly, the ADGM’s regulations (Article 225 of its 2015 Regulations) and Litigation Funding Rules 2019 set out requirements for valid funding agreements – they must be in writing, the funded party must notify other parties and the court of the funding, and the court can factor in the funding arrangement when issuing cost orders . The ADGM rules also impose criteria on funders (e.g. capital adequacy) and safeguard the funded party’s control over the case .

In sum, the UAE’s offshore jurisdictions provide a modern, regulated environment for third-party funding, whereas onshore UAE allows it in principle but without detailed regulation.

Other GCC Countries

Elsewhere in the GCC, explicit legislation on litigation funding in arbitration remains limited, but recent developments signal growing acceptance. Saudi Arabia, Qatar, Oman, and Kuwait do not yet have dedicated statutes or regulations on third-party funding . However, leading arbitral institutions in these countries have proactively addressed funding in their rules. Notably, the Saudi Center for Commercial Arbitration (SCCA) updated its Arbitration Rules in 2023 to acknowledge third-party funding: Article 17(6) now mandates that any party with external funding disclose the existence of that funding and the funder’s identity to the SCCA, the tribunal, and other parties . This ensures transparency and allows arbitrators to check for conflicts. 

Likewise, the Bahrain Chamber for Dispute Resolution (BCDR) included provisions in its 2022 Arbitration Rules requiring a party to notify the institution of any funding arrangement and the funder’s name,, which the BCDR will communicate to the tribunal and opponents . The BCDR Rules further oblige consideration of whether any relationship between the arbitrators and the funder could compromise the tribunal’s independence. These rule changes in Saudi Arabia and Bahrain align with international best practices and indicate regional momentum toward formal recognition of third-party funding in arbitration.

Disclosure and Transparency

A common thread in the GCC regulatory approach is disclosure. Whether under institutional rules (as in DIAC, SCCA, BCDR) or court practice directions (DIFC, ADGM), funded parties are generally required to disclose that they are funded and often to reveal the funder’s identity . For instance, the new DIAC Arbitration Rules 2022 expressly recognize third-party funding – Article 22 obliges any party who enters a funding arrangement to promptly inform all other parties and the tribunal, including identifying the funder. DIAC’s rules even prohibit entering a funding deal after the tribunal is constituted if it would create a conflict of interest with an arbitrator. This emphasis on transparency aims to prevent ethical issues and later challenges to awards. It also reflects the influence of global standards (e.g. 2021 ICC Rules and 2022 ICSID Rules) which likewise introduced funding disclosure requirements.

Overall, while no GCC jurisdiction outright bans third-party funding, the patchwork of court practices and arbitration rules means parties must be mindful of the specific disclosure and procedural requirements in the seat of arbitration or administering institution. In jurisdictions rooted in Islamic law (like Saudi Arabia), there is an added layer of ensuring the funding arrangement is structured in a Sharia-compliant way (avoiding interest-based returns and excessive uncertainty. We may see further regulatory development – indeed, regional policymakers are aware of litigation funding’s growth and are considering more formal regulation to provide clarity and confidence for all participants .

The GCC region has seen several important developments and trends related to third-party funding in arbitration:

  • Institutional Rule Reforms: As detailed earlier, a number of arbitral institutions in the GCC have updated their rules to address third-party funding, marking a significant trend. The Dubai International Arbitration Centre (DIAC) 2022 Rules, the Saudi SCCA 2023 Rules, and the Bahrain BCDR 2022 Rules all include new provisions on funding disclosures. This wave of reforms in 2022–2023 reflects a recognition that funded cases are happening and need basic ground rules. By explicitly referencing TPF, these institutions legitimize the practice and provide guidance to arbitrators and parties on handling it (primarily through mandatory disclosure and conflict checks). The adoption of such rules brings GCC institutions in line with leading international forums (like ICC, HKIAC, ICSID, etc. that have also moved to regulate TPF).
  • DIFC Court Precedents: The DIFC was one of the first in the region to grapple with litigation funding. A few high-profile cases in the DIFC Courts in the mid-2010s involved funded claimants, which prompted the DIFC Courts to issue Practice Direction 2/2017 as a framework. This made the DIFC one of the pioneers in the Middle East to formally accommodate TPF. Since then, the DIFC Courts have continued to handle cases with funding, and their decisions (for example, regarding cost orders against funders) are building a body of regional precedent on the issue. While most of these cases are not public, practitioners note that several DIFC proceedings have featured litigation funding, establishing practical know-how in dealing with funded parties. The DIFC experience has likely influenced other GCC forums to be more accepting of TPF.
  • Funders’ Increased Presence: Another trend is the growing confidence of international funders in the Middle East market. Over the last couple of years, top global litigation financiers have either opened offices in the GCC or actively started seeking cases from the region. Dubai has emerged as a regional hub – beyond Burford, other major funders like Omni Bridgeway (a global funder with roots in Australia) and IMF Bentham (now Omni) have been marketing in the GCC, and local players or boutique funders are also entering the fray . This increased competition among funders is good news for claimants, as it can lead to more competitive pricing and terms for funding. It also indicates that funders perceive the GCC as a growth market with plenty of high-value disputes and a legal environment increasingly open to their business.
  • Types of Arbitrations Being Funded : In terms of case trends, funded arbitrations in the GCC have often involved big-ticket commercial disputes – for example, multi-million dollar construction, energy, and infrastructure cases. These are sectors where disputes are frequent and claims sizable, but claimants (contractors, subcontractors, minority JV partners, etc.) may have limited cash after a project soured. Third-party funding has started to play a role in enabling such parties to bring claims. There have also been instances of investor-state arbitrations involving GCC states or investors that utilized funding (though specific details are usually confidential). The Norton Rose Fulbright report notes that funding is especially helpful in investor-treaty cases where an investor’s primary asset was taken by the state, leaving them dependent on external financing to pursue legal remedies.

As GCC countries continue to attract foreign investment and enter into international treaties, one can expect more ICSID or UNCITRAL arbitrations connected to the region – and many of those claimants may turn to funders, as is now common in investment arbitration globally.

  • Emerging Sharia-Compliant Funding Solutions: A unique trend on the horizon is the development of funding models that align with Islamic finance principles. Given the importance of Sharia law in several GCC jurisdictions, some industry experts predict the rise of Sharia-compliant litigation funding products. These might structure the funder’s return as a success fee in the form of profit-sharing or an award-based service fee rather than “interest” on a loan, and ensure that the arrangement avoids undue uncertainty. While still nascent, such innovations could open the door for greater use of funding in markets like Saudi Arabia or Kuwait, by removing religious/legal hesitations. They would be a notable evolution, marrying the concept of TPF with Islamic finance principles – a blend particularly suitable for the Gulf.

Overall, the trajectory in the GCC arbitration market is clear: third-party funding is becoming mainstream. There have not been many publicly reported court challenges or controversies around TPF in the region – which suggests that, so far, its integration has been relatively smooth. On the contrary, the changes in arbitration rules and the influx of funders point to a growing normalization. Businesses and law firms operating in the GCC should take note of these trends, as they indicate that funding is an available option that can significantly impact how disputes are fought and financed.

Conclusion

Litigation funding in the GCC’s arbitration arena has evolved from a novelty to a practical option that businesses and law firms ignore at their peril. With major arbitration centers in the region embracing third-party funding and more funders entering the Middle Eastern market, this trend is likely to continue its upward trajectory. 

For businesses, it offers a chance to enforce rights and recover sums that might otherwise be forgone due to cost constraints. For law firms, it presents opportunities to serve clients in new ways and share in the upside of successful claims. Yet, as with any powerful tool, it must be used wisely: parties should stay mindful of the legal landscape, comply with disclosure rules, and carefully manage relationships to avoid ethical snags. 

By leveraging litigation funding strategically – balancing financial savvy with sound legal practice – stakeholders in the GCC can optimize their dispute outcomes while effectively managing risk and expenditure. In a region witnessing rapid development of its dispute resolution mechanisms, third-party funding stands out as an innovation that, when properly harnessed, aligns commercial realities with the pursuit of justice.

At WinJustice.com, we take pride in being the UAE’s pioneering litigation funding firm. We are dedicated to providing innovative funding solutions that enable our clients to overcome financial hurdles and pursue justice without compromise. By leveraging third-party litigation funding strategically—balancing financial acumen with sound legal practices—stakeholders in the GCC can optimize their dispute outcomes while effectively managing risk and expenditure.

If you are looking to maximize your dispute resolution strategy through expert litigation funding, contact WinJustice.com today. We’re here to help you navigate the evolving landscape and secure the justice you deserve.

Case Developments Commercial

European Commission Fines Apple €500m and Meta €200m for DMA Breaches

By Harry Moran |

Antitrust and competition claims brought against large multinational corporations often represent lucrative opportunities for litigation funders, and the announcement of a new series of fines being imposed on two of the world’s largest technology companies could set the stage for more of these claims being brought in Europe.

Reporting by Reuters covers a major antitrust development as the European Commission has handed down multimillion dollar fines to both Apple and Meta over their breaches of the Digital Markets Act (DMA). These fines follow non-compliance investigations that began in March 2024, with Apple receiving a €500 million fine for breaching its anti-steering obligation through the App Store, and Meta being fined €200 million for breaching the DMA obligation to allow consumers the option to choose a service that uses less of their personal data.

Teresa Ribera, Executive Vice-President for Clean, Just and Competitive Transition at the European Commission, said that the fines “send a strong and clear message”, and that the enforcement action should act as a reminder that “all companies operating in the EU must follow our laws and respect European values.”

In a post on LinkedIn, Gabriela Merino, case manager at LitFin, explained that these fines “mark the first non-compliance decisions issued by the Commission under the new regulatory framework.” As LFJ covered earlier this month, LitFin is funding a €900 million claim against Google in the Netherlands over its anti-competitive practices that were first brought to light by another European Commission investigation. Merino said that “these latest rulings are a welcome boost” to LitFin’s own case.

Statements from both Apple and Meta decried the fines, with the former arguing that the decision was “yet another example of the European Commission unfairly targeting Apple”. 

The full press release from the European Commission detailing the investigations and associated fines can be read here.