By Gabriel Olearnik The Solicitors Regulation Authority has sent a clear message to the litigation funding market in recent weeks. Its recent guidance on the use and arrangement of third-party litigation funding, coupled with its consultation on new safeguards for consumer claims, does not represent a revolution in professional regulation. Rather, it particularises what solicitors have always been required to do. The duties of independence, loyalty and acting in the ...
By Robert Eastick is Director & Crypto Lead at iSanctuaryTransparency Notice: As this article has been written by Robert Eastick in his capacity as Director & Crypto Lead at iSanctuary and discusses technologies and approaches being developed by the company, we have included this notice in the interests of transparency. One of the most significant challenges in cryptocurrency fraud litigation is not tracing the assets. It is serving legal ...
Tim Follett, Founder & CEO, StructureFlow Third-party funders are deploying capital into increasingly complex disputes. The structural picture they rely on to assess enforceability, recoverability and risk is often incomplete before commitment and outdated before resolution. I think this is one of the most underpriced risks in the industry, and it is worth being precise about why. A funder commits on the strength of a structural assessment: who owns what, ...
By Matthew Kain, Chief Executive Officer of the Kain Knight Group Litigation funders are set to face closer pre-investment scrutiny of retainers and ongoing cost monitoring. This arises from a recent High Court decision in a case brought by Brazilian billionaire Alberto Safra against the US law firm, WilmerHale. On 24 March, Safra won a review against WilmerHale in the High Court, Senior Courts Costs Office (SCCO): Safra v Wilmer ...
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 ...
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 ...
What the Repricing of Judgment Preservation Insurance Means for Post-Trial RiskBy 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 ...
By Stuart Hills, Founder of Riverfleet LimitedWhen 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 ...