Lawsuit Advances in securities lawsuits

From Bloomberg I read today about a securities lawsuit in Australia that is funded by a litigation financier.  What makes this interesting is it is basically a class action of sorts.  It appears to be a collection of shareholders suing over failing to disclose debt obligations.

Not your typical lawsuit advance.  Most involve smaller lawsuits and involve payments directly to injured people or to lawfirms for financing the costs of pursuing a lawsuit.

Source:  Bloomberg

Here's a Lawsuit Advance Example from Australia

This really is a worldwide market.  There will be some variations from jurisdiction to jurisdiction, but overall you can fund cases in almost any area of law.

Hillcrest Litigation Services Ltd (ASX:HLS) today announced the parties in the Ideal Contractors case had agreed to a settlement in the matter.

Terms of the settlement are confidential and do not involve admission of liability by any party.

Upon settlement, in 21 days, HLS will receive about $390,000 comprising reimbursement of its funding costs of $300,000 and its profit of $90,000 pursuant to its litigation funding agreement with the Ideal Contractors liquidator.

Source: TradingMarkets.com

Don't be afraid of Litigation Funding

Looks like it is going mainstream.  Major firms are stepping up and asking private funding companies and even hedge funds to provide funding to further litigation.

Eight out of 10 of the City’s top law firms are already using or assessing external funding for litigation and arbitration cases, it has emerged, marking a dramatic move of third-party funding into mainstream practice.

All of the top 10 City firms except Linklaters and Slaughter and May are now offering, or considering offering, clients external funding in some cases, Legal Week has established.

Source:  LegalWeek.com

Lawsuit Funding in India

Interesting comment in this article.  This person comments that CFAs (Contingency Fee Agreements) are a form of litigation funding.  At some level he is correct, because the lawyer will provide funds to move the case forward.  In the US at least the lawyers are limited to funding the case itself.  Lawsuit funding goes a step further and provides funding directly to the plaintiff to pay for things like mortgages or other expenses AND can be used to fund the lawsuit directly.

He condemned CFAs as "a half-cocked form of private funding" brought in by the Government, which are "deficient, if not fatally flawed, due to an unprincipled conflict of interest on the part of the lawyer" where in some cases settlement would be better for the client, but not the lawyer's pocket. Lightman sees litigation funding as an answer to provide better access to justice. "Recently the courts have begun to recognise... that litigation is a business which, like other businesses, requires private funding," he said.

Source:  The Lawyer.com

Litigation Funding in Canada

Litigation funding is a way for plaintiffs to stay in a case.  Because now they have the financial ability to see the case through to the end.  It is most known in the US for it's ties to personal injury lawsuits, however commercial litigants can also benefit from the industry.

In this article I found at Lawyers Weekly it discusses the expansion of the litigation funding business to Canada.

The high cost of litigation can be an obstacle for some plaintiffs, and even more so when these parties are suing for personal injuries they have suffered which have rendered them unable to work. A new source of funding now aims to help them fight their lawsuits through to a settlement or judgment. Known as third party litigation funding, the relatively new resource in Canada has been around for some time in jurisdictions such as the U.S. and the U.K., where it has received both praise and criticism.

Third party litigation funding helps finance litigation by providing loans to plaintiffs to help pay for certain expenses incurred in the course of a lawsuit. The money can be used to pay for legal disbursements such as medical assessments and expert reports, or it can be used to pay for day-to-day living expenses and rehabilitation costs. It is often the last resort for the plaintiff, who is usually unable to obtain loans from conventional sources such as banks.

Source:  LawyersWeekly.com

Litigation on a Large Scale

The State of Alaska has a conflict with BP over royalties and spills on the North Slope.  In order to pursue the case the attorneys are making a request for $4.7 Million from the legislature to fund the lawsuit.

The state of Alaska intends to sue BP PLC for losses incurred by oil spills, pipeline leaks and shutdowns on the North Slope two years ago.

No lawsuit has been filed yet, but the state Department of Law has requested $4.7 million from lawmakers to pay for preparation work and possible litigation this year.

Officials didn't specify how much it would seek from BP, but they estimated the state's losses from the leaks and aftermath at several hundred million dollars.

The House Finance Committee added the money to its operating budget; the House is expected to vote on that budget early next week.The state, which relies on oil taxes and royalties for nearly 90 percent of its revenue, has been investigating BP for months.

Source:  DailyReportOnline.com

SCO receives Litigation Funding to pursue Linux Case

Just Yesterday I wrote about Litigation Funding.  Today I see a news story covering a case where a company has received funding to do a number of things including funding for a case it is pursuing.  Now this does not appear to be the typical litigation funding arrangement because the money is being used for more than just the lawsuit although it appears to be a key part of the strategy.

Private-equity firm Stephen Norris & Co Capital Partners said on Thursday that it and unnamed Middle Eastern partners will fund SCO Group with up to $100m (£51m) to take over the financially beleaguered Unix company, move it out of bankruptcy protection, complete its controversial and unsuccessful Linux litigation, and take it private.

Source:  ZDNet.co.uk

What is Litigation Funding?

Litigation Funding has a few different angles to it. 

Here is the general definition from Wikipedia:

Litigation funding (aka lawsuit loan, plaintiff cash advance, legal financing) is a practice in which individuals who are plaintiffs in lawsuits receive money from firms and individuals who take a lien on the proceeds of a personal injury suit in return for ready cash. It is not considered a loan as the money does not have to be repaid if the plaintiff's law suit is unsuccessful; it is nonrecourse debt. Funding companies also advance money to attorneys against anticipated legal fees earned in a personal injury matter.


The first is often called pre-settlement funding and is money that is paid directly to the plaintiffs (the party in the lawsuit).  It is true that this advance is non-recourse, which means that it does not have to be paid back if the case is not successful.

The second angle is when money is advanced to law firms in anticipation of their legal fees that they may earn when a case settles or is resolved via a verdict.

A third angle is when the money is advanced to pay expenses of a lawsuit.  This money is not paid out to the lawyers as a fee or to the plaintiffs.  It is used only to hire experts or pay for preparation of the lawsuit.