Is After The Event insurance adequate security for costs?

Is After The Event insurance adequate security for costs? A security for costs order is a common-law concept and usually sought by the defendants. It applies in jurisdictions that have cost shifting or fee shifting as it is otherwise known. This is where the losing party in the litigation must cover the others sides costs. … Continue reading Is After The Event insurance adequate security for costs?

Burford Claims $140M In Argentina Arbitration Win

Burford Claims $140M In Argentina Arbitration Win Burford Capital has announced a big win in their litigation funding efforts. The case was originally brought in 2008 on behalf of the airline Aerolíneas Argentinas who had become bankrupt. The final decision was handed down on Friday the 21st of July 2017. A three-person panel established at the … Continue reading Burford Claims $140M In Argentina Arbitration Win

The Advent of What Has Come to be Known as Divorce Funding.

Many readers may be familiar with Nicole Noonan and her company New Chapter Capital. Even more so recently after Therium announced they had acquired her company. Nicole spoke with Funding Litigation to tell us more about the industry and her journey. Divorce funding, as a concept was started in UK in the early 2000’s. As … Continue reading The Advent of What Has Come to be Known as Divorce Funding.

High Court Orders Security for Costs Against a Third-Party Funder In RBS Rights Issue Case

A security for costs issue has been granted against a commercial litigation funder in The RBS Rights Issue Litigation [2017] EWHC 1217 (Ch). Notably the costs order was granted against the professional funder and not against another third party who is not in litigation funding as a business. The rationale being their participation in the … Continue reading High Court Orders Security for Costs Against a Third-Party Funder In RBS Rights Issue Case

Burford Sells 15% of Their Interest In The Peterson Group Lawsuit For $66 Million Dollars

Burford Capital Ltd announced yesterday that they have  sold a further tranche of participation interests in possible future proceeds from its investment in the Petersen lawsuit. The Petersen lawsuit is a multi-billion dollar litigation against Argentina following its nationalisation of energy company YPF in 2012. Background Liquidators Petersen Group originally held a 25% stake in … Continue reading Burford Sells 15% of Their Interest In The Peterson Group Lawsuit For $66 Million Dollars

Scotland Moves Toward Disclosure Of Third Party Funding

On the 1st of June 2017 the Scottish Government introduced the Civil Litigation (Expenses and Group Proceedings) Bill. Most of the discussion to date has centred around the introduction of Damages Based Agreements and Speculative Fee Agreements. For those avid readers of this blog, however, Part 2 Section 10 is likely to be of deep … Continue reading Scotland Moves Toward Disclosure Of Third Party Funding

Ireland’s Supreme Court Maintains Law Against Third Party Funding In Ireland

This case itself concerns the claimants allegations that there was impropriety in a tender process resulting in the award of a mobile phone licence to Esat Digifone in 1996.  As the claimants bid was unsuccessful they claim this resulted in a material loss. In order to bring their claim before the courts they needed to raise … Continue reading Ireland’s Supreme Court Maintains Law Against Third Party Funding In Ireland

Clients, Companies and Legal Teams: What Are Your Litigation Funding Options?

Clients, Companies and Legal Teams: What Are Your Litigation Funding Options? The litigation funding and insurance market is growing rapidly. Whether you are a solicitor advising your client, in-house counsel considering your options or a company deciding how to finance a claim this guide is designed to help explain all your options. Perhaps you have … Continue reading Clients, Companies and Legal Teams: What Are Your Litigation Funding Options?