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UK Competition Appeal Tribunal Certifies Collective Action Against Shipping Companies For Overcharging Customers

The UK Competition Appeal Tribunal (CAT) has certified a collective action against multiple maritime car carriers who operated an illegal cartel to manipulate car shipping prices. Certification clears the way for the class action filed by consumer rights champion Mark McLaren, who has instructed has instructed Scott+Scott UK LLP as solicitors on behalf of consumers and businesses who purchased or leased new cars or vans, to proceed to trial.

Over 17 million cars are said to have been affected by a price-fixing scheme run by the named international shipping firms. If the collective action is successful, anyone who bought or leased an affected vehicle will be automatically entitled to compensation. Customers affected include those who bought from Ford, Vauxhall, Volkswagen, Peugeot, BMW, Mercedes-Benz, Nissan, Toyota, Citroen and Renault between October 2006 and September 2015. The claim value is up to £60 per new car bought or leased and class members will be able to claim in respect of more than one vehicle. Anyone who wishes to register their interest can do so here: https://www.cardeliverycharges.com/

The proceedings against Nissan Motor Car Carrier Co. Ltd, Kawasaki Kisen Kaisha Ltd, Nippon Yusen Kabushiki Kaisha, Eukor Car Carriers Inc and Compañía Sudamericana de Vapores S.A. were filed in February 2020, following the European Commission’s decision in 2018 to fine these shipping companies €395 million for fixed prices and rigged bids for roll-on, roll-off (“RoRo”) transport of vehicles.

The claim, estimated to be worth £150 million, seeks to recover damages for individual customers and businesses who overpaid for their car as a result of higher delivery charges. This differs from earlier claims filed in relation to the RoRo cartel that represented car manufacturers.

Scott+Scott is a specialist dispute resolution firm at the forefront of the evolving collective action regime in the UK judicial system. Scott+Scott is working with an experienced barrister team led by Sarah Ford QC of Brick Court Chambers. Woodsford Litigation Funding is funding the collective action.

Mark McLaren said: “The CPO is a crucial step in our case, and we are delighted at the CAT’s decision to authorise our claim to move forward. We look forward to securing compensation for the millions of UK consumers impacted by the cartelists’ illegal behavior”

David Scott of Scott+Scott UK LLP said: “This is an important judgment for class members, but also for the UK collective actions regime as a whole.  When granting the collective proceedings order, the Tribunal correctly noted that collective proceedings such as this claim are important for ensuring that wrongdoers like the shipping companies modify their behaviour.”

For additional information or to register interest please visit https://www.cardeliverycharges.com/

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LionFish Updates Model Documents in Response to CJC Report

By John Freund |

LionFish Litigation Finance Ltd has released a new suite of model litigation funding documents, updating its original set from February 2021. The revision comes on the heels of the Civil Justice Council's (CJC) Final Report on Litigation Funding, issued on 2 June 2025, which calls for a regulatory structure informed by best practices, including key principles published by the European Law Institute (ELI) in October 2024.

A LionFish press release details that the updated suite incorporates several of the ELI Principles (notably 4-12) and broader CJC recommendations, except where doing so would require legislative or procedural reform. LionFish's goal, according to Managing Director Tets Ishikawa, is not to dictate market norms but to foster industry-wide standardisation and efficiency. This proactive move is also intended to spark further collaboration between funders, insurers, and legal practitioners to develop trade practices akin to those in mature financial markets, such as those promoted by the Loan Market Association and the International Swaps and Derivatives Association.

The new suite includes three core documents: a litigation funding agreement, a priorities deed to define proceeds distribution, and an assignment deed for insurance benefits. Notably, LionFish has also added documentation for co-investment arrangements, reflecting a growing trend in syndicated funding deals. The funder has already closed seven such transactions.

Managing Director Tanya Lansky emphasised that while litigation funding remains complex, making documentation public enhances transparency and facilitates quicker deal closings—an essential factor for sustaining market growth.

As litigation finance continues to mature, this move by LionFish highlights a shift toward professionalisation and standardisation. With regulators increasingly focused on transparency and fairness, such initiatives may set a de facto benchmark for others in the industry. The question remains: will other funders follow suit, or will regulatory mandates be needed to compel alignment?

Announcements Commercial Legal Innovation

Backlit Capital Solutions Launches Legal Finance Consultancy

By John Freund |

Backlit Capital Solutions has announced the launch of its full-service legal finance consultancy. The firm aims to provide comprehensive funding solutions for legal claims, offering services that include litigation finance, arbitration funding, and judgment enforcement strategies.

An article in PR Newswire states that Backlit Capital Solutions is positioning itself as a comprehensive provider in the legal finance sector, aiming to serve a diverse clientele that includes claimants, law firms, lenders, and investors. The firm's service offerings encompass litigation finance, arbitration funding, and judgment enforcement strategies, indicating a broad approach to legal funding solutions.

The launch of Backlit Capital Solutions reflects a growing trend in the legal finance industry, where firms are expanding their services to address the multifaceted needs of legal claimants and their representatives. By offering a suite of services under one roof, Backlit Capital Solutions aims to streamline the funding process and provide tailored solutions to its clients.

As the legal finance landscape continues to evolve, the entry of firms like Backlit Capital Solutions underscores the increasing demand for specialized financial services in the legal sector. Their comprehensive approach may set a new standard for how legal finance consultancies operate, potentially influencing the strategies of existing and emerging players in the market.

Announcements Commercial Legal Innovation

Fenchurch Legal Launches Secured Litigation Funding Strategy for Fixed-Income Investors

By Harry Moran |

Fenchurch Legal, a UK-based litigation funding specialist, today announced the launch of a structured secured lending strategy aimed at fixed-income investors seeking stable returns outside of traditional markets. With economic uncertainty challenging conventional income instruments, the firm’s high-volume consumer litigation model offers a predictable, uncorrelated alternative designed to deliver quarterly interest payments through a diversified portfolio of secured law firm loans.

As economic volatility continues to test traditional markets, a growing number of investors are turning to alternative asset classes that promise stable risk-reward profiles. Litigation funding, once considered niche, is now emerging as a mainstream alternative investment, providing secure income generation.

Fenchurch Legal, a UK-based specialist in litigation funding, is among the firms redefining  the landscape of alternative credit strategies by offering a secured, income-generating investment that is predictable and uncorrelated with traditional markets.

A Secured Lending Approach to Litigation Funding

Fenchurch Legal has structured its litigation funding offering through a secured lending model, offering investors a fixed-income product with a unique security structure designed to protect investor capital. Unlike large litigation funders who focus on a few high-value commercial cases, Fenchurch Legal funds a high volume of smaller consumer claims - including those related to financial mis-selling and mis-sold car finance. This high- volume strategy allows for broad diversification across numerous law firms and case types, helping to mitigate concentration risk and deliver consistent returns.

The predictability of this model enables investors to receive fixed, quarterly interest payments, making it an attractive option for those seeking regular income through a disciplined, secured alternative to traditional fixed-income investments.

Delivering Predictability in an Uncertain Environment

One of the most attractive features of litigation funding is its low correlation with traditional markets and macroeconomic cycles, making it particularly appealing in volatile or downturn conditions. Unlike speculative alternative assets, high-volume litigation funding offers a structured and secured approach, ideal for investors prioritizing capital preservation and low volatility. Its predictability and resilience are what set it apart, with performance driven by legal outcomes rather than market sentiment or economic indicators.

From Case Selection to Investor Returns: The Fenchurch Model in Action

Real world case examples, such as PPI or mis-sold car finance, demonstrate how funding supports access to justice while delivering predictable outcomes for investors. These well-established, protocol-driven cases highlight the tangible benefits of Fenchurch Legal’s approach.

Investor capital is pooled and deployed via secured loans to law firms, enabling them to pursue a high volume of these smaller consumer claims. These cases follow established legal protocols and have historically demonstrated repeatable outcomes. The loans are repaid by the law firms over time, with interest, regardless of individual case outcomes, all backed by After-the-Event (ATE) insurance for added downside protection. 

This risk-managed structure has allowed Fenchurch Legal to consistently deliver investors with predictable, quarterly interest payments, ideal for income focused investors. By funding thousands of low-value claims across multiple law firms, the model achieves broad diversification and reduces exposure to any single case or firm. This risk-managed approach has historically delivered competitive returns, typically ranging from 11–13% per annum — making it well-suited to income-focused portfolios.

Louisa Klouda, CEO and Founder of Fenchurch Legal, stated, "At Fenchurch Legal, we’ve designed a litigation funding model that mirrors the features fixed income investors value most — regular income, downside security, and a diversified, risk-managed portfolio."

"In today’s economy, stability is the new growth. Litigation funding provides exactly that — it’s an asset class with low volatility, high transparency, and a compelling risk-adjusted return," she added.

About Fenchurch Legal

Fenchurch Legal is a UK-based specialist litigation financier, providing disbursement funding to small and mid-sized law firms pursuing consumer claims where outcomes are well-established and repeatable, including housing disrepair, financial mis-selling, and undisclosed commission cases. Founded in early 2020, Fenchurch Legal was established in response to growing demand for litigation funding in the smaller consumer claims segment—an underserved area of the UK litigation finance market. In parallel, Fenchurch Legal structures litigation finance investment products designed for investors, providing exposure to a non-correlated, secured investment class.