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  • High Court Refuses BHP Permission to Appeal Landmark Mariana Liability Judgment 

SPONSORED POST: Segue Cloud Services Multi-Funding Case Study

SPONSORED POST: Segue Cloud Services Multi-Funding Case Study

The Following sponsored post was contributed by Segue Cloud Services. The Challenge Multi Funding USA is a pre-settlement finance provider that serves attorneys and their plaintiffs. The company has been serving clients for nearly a decade, providing millions of dollars in financial support in jurisdictions like New York, New Jersey, Connecticut, Vermont, Texas, California, Florida, and Washington. Through its pre-settlement funding services, plaintiffs can access much needed funds during the often lengthy settlement process as they wait for their cases to be resolved. When a case concludes in favor of the plaintiff, Multi Funding recoups its investment at a preferred rate of return. Managing the pre-settlement finance process can be labor-intensive, complex, and expensive. It involves an array of ongoing administrative tasks, from initial case intake, to underwriting and approvals, to managing contracts and case documents, to the regular tracking of case developments. And all key stakeholders need to be apprised of each occurrence as it unfolds. Like most providers, Multi Funding had relied on staff members to manage all the workflows and processes associated with pre-settlement funding. This meant manually inputting all case data into spreadsheets, completing forms, generating documents and reports, and notifying the parties involved whenever a milestone or change in dispensation occurred. And when a change occurs—as is usually the case—much of the entire process has to be repeated. As a result, Multi Funding’s team devoted countless hours to updating records and changing data, causing added expense and creating the potential for unnecessary errors in the process. “The amount of time and work required to usher a pre-settlement funding case from intake to settlement can be overwhelming. It can often take four days just to manually underwrite a funding application,” said Alex Reyes, customer service specialist, of Multi Funding. “Every time we have to manually change or update information, it can result in delays and increases the potential for human error, which can quickly steamroll into problems for our clients.” As Multi-Funding handled more funding requests, it recognized that it required a more efficient way to track, manage, and organize the painstaking pre-settlement process. The Solution After doing some research on potential technology providers, Multi Funding contacted Segue Cloud Solutions, an innovative software company that developed a technology platform specifically for the pre-settlement process. The solution to enables legal finance providers to enhance productivity, streamline daily workflows, reduce costs, and speed time-to-market. Multi Funding consulted with Jack Closs, project supervisor at Segue. “When we spoke with Multi Funding’s administrators, it was clear that our solution could deliver a range of efficiencies to expedite their existing processes, diminish their labor requirements, and drastically reduce the potential for human error,” said Closs. “Their spreadsheets were cumbersome and prohibitive, making it difficult for staff members to retrieve the case information they needed at any given moment. Our automation software would allow them to easily track and access everything from settlement milestones, to interim pay-off amounts, to correspondence with funding sources and changes in case dispensation, all from a single, intuitive interface.” Segue’s secure, robust platform automatically retrieves data to populate online forms and other documentation, generating material specific to each individual client according to established rules and permissions. The software automatically notifies staff, attorneys, paralegals, and clients of changes in status at various stages of a case. It organizes and centralizes all contact information, pay-off details, and case data, and generates documents such as contracts, letters, and reports with a click of a mouse. The solution is built on the industry-leading Salesforce CRM platform, making it easy to deploy in Multi Funding’s existing environment. In addition, the platform’s document generation capabilities are powered by Conga, a major provider of digital document management. The Outcome Multi Funding USA has processed thousands of loans through the platform. Through this solution, they’ve been able to increase productivity by some 15 percent, while mitigating costly mistakes. In addition, the solution has reduced the firm’s cost of operations, decreasing labor requirements and helping to speed more cases through their paces—without having to add personnel or extraneous infrastructure. And since Multi Funding accesses Segue’s technology through a cost-effective subscription with no per-transaction fees, return on investment is swift and considerable. “In a complicated environment like ours, Segue provides a much more efficient solution compared to manual administration. Underwriting processes that once took hours or days can now be turned over in about eight minutes,” confirmed Reyes. “Before we used Segue, we’d frequently tell clients we’d have a contract to them by the next week. Now we can produce all the documentation in less than an hour.” When asked about the value of the Segue pre-settlement funding solution, Multi Funding says it transcends traditional cost and organizational savings. “The ability to have an extensive range of automatically updated case information readily accessible throughout the pre-settlement process is a huge advantage,” concluded Reyes. “It creates an instant competitive edge for our firm by enabling us to provide fast and efficient service to our clients.”

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High Court Refuses BHP Permission to Appeal Landmark Mariana Liability Judgment 

By John Freund |

Pogust Goodhead welcomes the decision of Mrs Justice O’Farrell DBE refusing BHP’s application for permission to appeal the High Court’s judgment on liability in the Mariana disaster litigation. The ruling marks a major step forward in the pursuit of justice for over 620,000 Brazilian claimants affected by the worst environmental disaster in the country’s history. 

The refusal leaves the High Court’s findings undisturbed at first instance: that BHP is liable under Brazilian law for its role in the catastrophic collapse of the Fundão dam in 2015. In a landmark ruling handed down last November, the Court found the collapse was caused by BHP’s negligence, imprudence and/or lack of skill, confirmed that all claimants are in time and stated that municipalities can pursue their claims in England. 

In today’s ruling, following the consequentials hearing held last December, the court concluded that BHP’s proposed grounds of appeal have “no real prospect of success”. 

In her judgment, Mrs Justice O’Farrell stated:  “In summary, despite the clear and careful submissions of Ms Fatima KC, leading counsel for the defendants, the appeal has no real prospect of success. There is no other compelling reason for the appeal to be heard. Although the Judgment may be of interest to other parties in other jurisdictions, it is a decision on issues of Brazilian law established as fact in this jurisdiction, together with factual and expert evidence. For the above reasons, permission to appeal is refused”. 

At the December hearing, the claimants - represented by Pogust Goodhead - argued that BHP’s application was an attempt to overturn detailed findings of fact reached after an extensive five-month trial, by recasting its disagreement with the outcome as alleged procedural flaws. The claimants submitted that appellate courts do not re-try factual findings and that BHP’s approach was, in substance, an attempt to secure a retrial. 

Today’s judgment confirmed that the liability judgment involved findings of Brazilian law as fact, based on extensive expert and factual evidence, and rejected the defendants’ arguments, who now have 28 days to apply to the Court of Appeal.  

Jonathan Wheeler, Partner at Pogust Goodhead and lead of the Mariana litigation, said:  “This is a major step forward. Today’s decision reinforces the strength and robustness of the High Court’s findings and brings hundreds of thousands of claimants a step closer to redress for the immense harm they have suffered.” 

“BHP’s application for permission to appeal shows it continues to treat this as a case to be managed, not a humanitarian and environmental disaster that demands a just outcome. Every further procedural manoeuvre brings more delay, more cost and more harm for people who have already waited more than a decade for proper compensation.” 

Mônica dos Santos, a resident of Bento Rodrigues (a district in Mariana) whose house was buried by the avalanche of tailings, commented:  "This is an important victory. Ten years have passed since the crime, and more than 80 residents of Bento Rodrigues have died without receiving their new homes. Hundreds of us have not received fair compensation for what we have been through. It is unacceptable that, after so much suffering and so many lives interrupted, the company is still trying to delay the process to escape its responsibility." 

Legal costs 

The Court confirmed that the claimants were the successful party and ordered the defendants to pay 90% of the claimants’ Stage 1 Trial costs, subject to detailed assessment, and to make a £43 million payment on account. The Court also made clear that the order relates to Stage 1 Trial costs only; broader case costs will depend on the ultimate outcome of the proceedings. 

The costs award reflects the scale and complexity of the Mariana case and the way PG has conducted this litigation for more than seven years on a no-win, no-fee basis - funding an unprecedented claimant cohort and extensive client-facing infrastructure in Brazil without charging clients. This recovery is separate from any damages award and does not reduce, replace or affect the compensation clients may ultimately receive. 

Homebuyers Prepare Competition Claims Against Major UK Housebuilders

By John Freund |

A group of UK homebuyers is preparing to bring competition law claims against some of the country’s largest housebuilders, alleging anti competitive conduct that inflated new home prices. The prospective litigation represents another significant test of collective redress mechanisms in the UK and is expected to rely heavily on third party funding to move forward.

An announcement from Hausfeld outlines plans for claims alleging that leading residential developers exchanged commercially sensitive information and coordinated conduct in a way that restricted competition in the housing market. The proposed claims follow an investigation by the UK competition regulator, which raised concerns about how housebuilders may have shared data on pricing, sales rates, and incentives through industry platforms. According to the claimant lawyers, this conduct may have reduced competitive pressure and led to higher prices for consumers.

The claims are being framed as follow on damages actions, allowing homebuyers to rely on regulatory findings as a foundation for civil recovery. The litigation is expected to target multiple large developers and could involve tens of thousands of affected purchasers, given the scale of the UK new build market during the relevant period. While damages per claimant may be relatively modest, the aggregate exposure could be substantial.

From a procedural perspective, the case highlights the continued evolution of collective competition claims in the UK. Bringing complex, multi defendant actions on behalf of large consumer groups requires significant upfront investment, both financially and operationally. Litigation funding is therefore likely to be central, covering legal fees, expert economic analysis, and the administration required to manage large claimant cohorts.

UK Court Approves Final Settlements in Car Delivery Charges Class Action

By John Freund |

Final settlements have been approved in a long running UK class action concerning allegedly excessive car delivery charges, bringing closure to a case that has been closely watched by the group litigation and litigation funding communities. The approval marks the end of proceedings brought on behalf of thousands of motorists who claimed they were overcharged by car manufacturers and dealers for vehicle delivery fees.

An article in Fleet News reports that the High Court has signed off on settlements resolving claims that delivery charges applied to new vehicles were inflated and not reflective of actual costs. The litigation alleged that consumers were systematically overcharged, with delivery fees presented as fixed and unavoidable despite wide variation in underlying logistics expenses. The case was pursued as a collective action, reflecting the growing use of group litigation structures in the UK consumer space.

The approved settlements provide compensation to eligible claimants and formally conclude a dispute that has been progressing for several years. While specific financial terms were not positioned as headline figures, the outcome underscores the practical realities of resolving complex, high volume consumer claims through negotiated settlements rather than trial. The court’s approval confirms that the agreements were considered fair and reasonable for class members, a key requirement in representative and opt out style actions.

The case also highlights the important role litigation funding continues to play in enabling large scale consumer claims to proceed. Claims involving relatively modest individual losses often depend on third party capital to cover legal costs, expert evidence, and administrative infrastructure. Without funding, such cases would typically be economically unviable despite their collective significance.