Funders

Brave New World: The Impact of Third Party Litigation Funding on Commercial Litigation – the Latest Legal Features, Research and Legal Profiles

Recent years have borne witness to the nascent rise of third-party litigation funding (TPLF) of commercial litigation in legal markets across the globe. Beginning over a decade ago in Australia, TPLF spread quickly to the UK, the US, Canada, Europe and Asia. TPLF itself has undergone rapid changes in its short existence. Though the traditional model of single-funded cases is still the main modus operandi, funders have diversified their business model in the last 12 months, including investments in claims-aggregating firms, joint ventures with law firms directed at prosecuting certain claims, and post-judgment appeals funding. Commercial funders and commercial litigators are becoming increasingly consociated, however, the interests of funders and litigators necessarily diverge given that lawyers owe a fiduciary duty to their clients. TPLF represents the biggest change to the commercial litigation landscape, raising novel …


Rush to Courts Feared in Class Actions, at Cost to Business

Rush to courts feared in class actions, at cost to business Share Share via Email Share on Google Plus Post on facebook wall Share on twitter Post to Linkedin Share on Reddit One of the most significant class action judgments has been handed down. Lawyers have warned of a possible “rush” to the courts to file class actions after the full Federal Court gave the green light to controversial …


The Gavel Gamble: Litigation Emerges as an Asset Class

For years, the profits that have emerged from the opaque world of law have been beyond the reach of non-lawyers in Canada. But that is changing quickly. A recent ruling in Ontario has helped swing open the door for litigation investment funds — which allow investors to bankroll lawsuits in the hopes of sharing in the potential proceeds — to establish a beachhead in Canada.