Posts from February 26, 2026

Articles and News Archive

The ILRs Two Front Campaign Against Litigation Funding

The ILR’s Two-Front Campaign Against Litigation Funding

Long Read /
Reading Lifting the Shadows (October 2025) and Justice for Growth (September 2025) By Nick Rowles-Davies Between 29 September and 14 October 2025, the US Chamber of Commerce’s Institute for Legal Reform (ILR) published two pieces aimed at the same target on different continents. Justice for Growth urged the European Commission to use its competitiveness reform package as the vehicle for EU-wide regulation of third-party funding. Lifting the Shadows restated the ...
Sao Paulo

The South American Legal Finance Market: A Conversation with Marina Gouveia & Federico Muradas

Editor Nick Rowles-Davies sat down with regional litigation funding experts Marina Gouveia and Federico Muradass of Loopa to talk the exciting evolution of South America's legal finance market. Gouveia and Muradas discusses how litigation funders are assessing opportunities across key jurisdictions including Brazil, Argentina, Chile, Colombia and Peru. They explores the distinction between traditional litigation funding and Brazil's large precatórios market, while highlighting the increasing importance of arbitration across the ...
The Return of Appellate Monetisation

The Return of Appellate Monetisation

Long Read /
What the Repricing of Judgment Preservation Insurance Means for Post-Trial Risk By Nick Rowles-Davies Appellate monetisation was a familiar feature of the litigation finance market in the late 2010s. A claimant won at trial, the defendant appealed and a funder advanced capital against the judgment in exchange for a share of the eventual recovery. The claimant obtained liquidity. The funder took the appellate risk. In the early 2020s, judgment preservation ...
LFA agreements

Can my litigation funder really transfer my LFA?

By Stuart Hills, Founder of Riverfleet Limited When the boilerplate becomes the deal… Reviewing a Litigation Finance Agreement, like reviewing any other agreement, is often not the most pleasurable of experiences. Suffice to say, there are better ways to spend your sunny afternoons. You’ve waded through the Definitions, browsed those paragraphs on Interpretation, still not so sure why that needed to be a separate section and you finally reach the ...
The Big Interview: Joe Durkin of Burford Capital on the Business of Disputes & Litigation Funding in the GCC & India

The Big Interview: Joe Durkin of Burford Capital on the Business of Disputes & Litigation Funding in the GCC & India

By Nick Rowles-Davies Burford Capital, by nearly every metric, is the world’s largest litigation funder by a significant margin, specializing in legal finance, risk management, and complex legal disputes. When considering who to interview next for Legal Finance Expert (LFE), I picked up the phone and called my old friend, Joe Durkin. Joe Durkin is a Senior Vice President in Burford’s asset recovery business, responsible for legal finance investments across ...
German Litigation Funding

Germany’s Highest Court Creates Uncertainty on Mass Claim Aggregation: What the Truck Cartel Ruling Means for Funders

Long Read /
By Patrick Rode The German Federal Court of Justice (Bundesgerichtshof, "BGH") yesterday delivered a landmark ruling that injects significant new uncertainty into the economics and logistics of funding mass cartel damages claims in Germany. In its decision dated 12 May 2026 [1] concerning the truck cartel litigation, the court held that extreme claim bundling can constitute abuse of rights – but failed to establish clear standards for where the line ...
The American Patchwork: How Six States Redrew the Rules of Litigation Finance in 2025

The American Patchwork: How Six States Redrew the Rules of Litigation Finance in 2025

Long Read /
By Nick Rowles-Davies In 2025, at least six US states enacted or materially amended statutes regulating third-party litigation funding. Georgia, Kansas, Oklahoma, Colorado, Arizona and Montana each addressed, in different combinations, disclosure, funder registration, foreign funding, funder control and discoverability.1 Indiana and Louisiana belong in the same trend but not in the same cohort: both were 2024 enactments already in force before the 2025 wave had fully developed.2 No two ...
Andrew Baker Article RSM UK

Class Action Complexities: The Accounting Landscape for Litigating Law Firms

By Andrew Baker, partner at leading audit, tax and consulting firm RSM UK Law firms engaged in litigation may face numerous accounting and funding challenges, particularly in the case of Group Litigation or Class Actions Litigation cases are often characterised by a long lifecycle, with fees typically structured on a ‘no win, no fee’ basis. Financial risk is taken on by the litigating law firm or specialist litigation funders, with ...