We understand the commercial drivers which our clients face when considering litigation and we seek to take a commercial approach to any finance required.
We recognise that whilst there is a cost, litigation can also be a contingent asset – a recovery opportunity for the claimant – which can be financed in ways that can remove the cost and adverse risk from the claimant’s balance sheet.
For many years we have offered our clients innovative alternative fee arrangements. We have specifically developed bespoke products for our clients to meet particular needs and react to market pressures.
We are open to investing our time and expertise and sharing risk (and reward) in our clients’ cases ourselves, and we are experienced in working with third party litigation finance and ATE (After the Event) and other insurance providers operating in the London market and globally.
We have strong relationships with third party funders, insurers and brokers having worked with many of the world’s leading litigation finance providers over the past decade. For clients considering litigation, a discussion with us to assess funding options is a valuable early step.
Acted in a professional negligence claim against solicitors on a full no win, no fee case recovering substantial damages and costs in a settlement.
Recently considering the viability of a securities litigation claim against a global clothing fashion brand, arising from the large drop in the brand’s share price following their disclosure in December 2019 and again in January 2020 that it had materially overstated the value of its inventory when it had published its Annual Report in May 2019 and thereafter.
Acted for a group of 16 institutional investors against McGraw Hill International (trading as Standard & Poor’s) and RBS Bank NV (previously ABN Amro Bank NV), arising out of the sale by ABN Amro in 2006 of exotic structured financial products called CPDOs, to which S&P had given its AAA rating. The investors included apoBank and WGZ Bank of Germany, UNIQA of Austria, a number of Swiss cantonal pension funds, and Northern Rock Asset Management, part of the UK Asset Resolution Group.
Acting for a group of institutional investors seeking compensation from a national supermarket chain arising from the large drop in share price following the supermarket’s disclosure in September 2014 that it had materially misstated the level of its commercial income within the expected half yearly profits which it had published in August 2014.
Acted in an appeal to the Privy Council from the Court of Appeal in Jamaica on a full no win, no fee basis with a successful outcome in the Privy Council and recovering substantial damages and costs.
Why is litigation finance growing in the UK?
Litigation in the UK can be expensive, and has an impact on a company’s cashflow and bottom line. Litigation finance has allowed clients to engage in litigation with no downside risk and no cost to their balance sheet.
Yes. Whether co-incidentally or not, securities litigation and other forms of group litigation in the UK have begun to grow at a time when the availability of third party funding and of innovative alternative fee arrangements has also developed. So for instance, this has allowed institutional investors who have suffered a loss to participate in securities litigation, if they choose, with no downside risk and no cost to their balance sheet. So, securities litigation can be brought without litigation financing, but it is true that more often than not securities litigation will be brought with the support of litigation finance or alternative fee arrangements where risk and reward are shared.