By Samuel Arksey On 26 July 2023, the UK Supreme Court handed down its ruling in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28. The decision turned on a statutory definition that most practitioners had never considered. The consequences were immediate and, for domestic funders, severe. The court held that litigation funding agreements (‘LFAs’) calculating the funder’s return as a ...

By Brandon Schuh There is no hiding from the headlines around inflation. This began with uncertainty around U.S. trade policy, particularly tariffs. Then, more recently, the war in Iran created a much more volatile and faster route to price instability. Oil, as Billy Bob Thornton would point out, is in everything. Crude oil, in particular, which diesel fuel is derived from, has its dirty little paws in everything. From fertilizer ...

By Nick Rowles-Davies In recent months, Legal Finance Expert has published several articles highlighting just how prominent litigation has become as a promising career in the legal trade. An interesting recent report by H&P Executive Search reflects just how evident this has become from the latest hiring data from the U.S. market. In H&P Executive Search’s latest New York Legal Partner Landscape report, their research designated that the U.S. legal ...

By Gabriel Olearnik One of the recurring mistakes in litigation funding is to treat a case as though it were a static asset: a set of pleadings, a budget, a law firm, and an expected return. That is far too passive. In my view, the best litigation funding is active. It is not merely the provision of capital against legal risk. It is a strategic exercise in advancing a claim, ...

By Nick Rowles-Davies Following his high-profile move from Clyde & Co together with fellow partners Milena Szuniewicz and Ian Hopkinson, Ben Knowles sat down with Legal Finance Expert editor Nick Rowles-Davies to discuss international arbitration, the structural pressures reshaping large law firms, and the shifting landscape of litigation funding. Ben, you were at Clyde & Co for most of your career, most recently chairing the disputes group. For people who ...

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By Timothy Skennion The global litigation funding market, valued at approximately $18-20 billion in 2025 and projected to approach $70 billion annually by 2037, is increasingly looking to Latin America for its next wave of opportunity. Brazil – the region's largest economy and home to over 80 million pending court cases – is emerging as a compelling destination for legal-based asset investors seeking uncorrelated returns in an underserved market. And ...

By Rocco Pirozzolo A recent article in this publication by Dr Can Eken and Peilin Chen examined whether the costs of third party funding should be recoverable in investment arbitration. Their analysis highlighted a tension that can no longer be ignored: as third party funding becomes embedded in dispute resolution, the question of who bears its cost demands a clear answer. The authors argued that recovery may be justified in ...

By Jonathan Stroud Recently, I asked a few funders whether, given rising patent verdicts, the new PTAB winter, lower interest rates, and growing patent volume, they saw any macro trend – really anything at all – suggesting they should pull back from investing in patent litigation or counselling prudence. They thought about it, searched themselves, and answered, simply: “nope.” There are, of course, real headwinds and perceived risks in litigation ...