Who we are

We are a team of litigators.  We advise a well-capitalised private fund on providing commercial litigation and arbitration funding in the UK, Australia, and around the world.

We have extensive disputes experience from the world’s leading litigation firms, strategic and financial expertise, and a deep network in the business and legal community.

We have practised in common law and civil law jurisdictions, and worked in private practice and in-house.

Our Investment Committee includes Lord David Gold and Ian Terry, two of the UK’s most experienced and distinguished litigators.

What we do

What

we do

As a litigation funding firm, we invest in commercial disputes brought by businesses, entrepreneurs, investors and shareholders, whether individually or seeking funding for class actions, at all stages of the litigation or arbitration process.

Our capital is used by companies and law firms to cover the legal fees and disbursements associated with pursuing a claim or to support business operations.

In return for our litigation and arbitration funding – which we usually provide on a non-recourse basis – we  share in any recovery obtained through settlement or ultimate adjudication of the case.

How we can help

We can help claimants by:

  • assuming the financial burden and risks of litigation, levelling the playing field and enabling the pursuit of claims that would otherwise not be realised
  • providing independent validation of your claim
  • unlocking some of the contingent value of your claim to support business operations
  • enabling businesses to remove the adverse accounting effects of litigation from financial statements
  • advising on legal teams and case management issues

We can help law firms by:

  • assisting your cash-flow management by removing client credit risk
  • sharing the risk associated with deferred fee arrangements
  • enabling you to expand your practice by taking on new matters and clients that require finance
  • participating in joint marketing and business development initiatives
  • providing our expertise and experience, free of charge, whenever we can assist the case

We can help investment professionals by:

  • providing an alternative source of capital for your cash-strapped portfolio businesses with valuable claims
  • protecting capital adequacy ratios under banking covenants
  • removing “above the line” litigation-related expenses
  • preventing the diversion of portfolio companies’ resources from operations

We can help insolvency practitioners by:

  • funding actions to recover value for creditors where there is no money to do so
  • advising on legal teams and case management issues

The Team

  • Lord David Gold
    Lord David Gold Investment Committee Chair

    Lord Gold, dubbed “the King of Litigation”, is widely recognised as one of the country’s leading and most distinguished litigators.

    Lord Gold was made a partner of Herbert Smith LLP (now Herbert Smith Freehills LLP) in 1983. He was Senior Partner of the firm from 2005 – 2010 and in this role led the firm’s international expansion.

    Upon retiring from the firm in 2011, Lord Gold established a strategic litigation advisory firm, David Gold & Associates, through which he continues to advise FTSE 100 and leading international companies, major investment banks and high-profile individuals on high-value commercial claims.

    Lord Gold was appointed to the House of Lords in 2011.

    As advisor to Balance Legal Capital, Lord Gold sits on the Investment Committee and reviews the fund’s investment opportunities.  Lord Gold also brings his considerable expertise and experience to Balance’s case monitoring and advisory services on funded cases.

  • Ian Terry
    Ian Terry Investment Committee Member

    Ian Terry is a pre-eminent litigator and an accredited mediator at One Essex Court.  He was a partner at Freshfields Bruckhaus Deringer, where he was Head of Dispute Resolution between 2006 and 2009 and the firm’s worldwide Managing Partner between 1996 and 2001.

    In a legal career spanning almost four decades, Ian has been involved in many of the most high profile commercial disputes of the day.  He has broad commercial experience involving many business sectors and jurisdictions.  In addition to English High Court and appellate proceedings, Ian has extensive experience of arbitration and mediation.  For a number of years Ian was one of a small number of litigators ranked in the top echelon by Chambers.  “A fantastic super smart lawyer” who market sources hail as a “first rate brilliant tactician of considerable market standing” Chambers 2013.

    Ian brings his immense experience to bear as a member of Balance Legal Capital’s Investment Committee, where he evaluates the fund’s potential litigation and arbitration investments.

  • Nick Gardner
    Nick Gardner Advisor

    Nick Gardner is a specialist in intellectual property litigation.  He practised with leading international law firm Herbert Smith (now Herbert Smith Freehills) in London for over 25 years where he was a partner and worldwide head of the intellectual property group.

    His practice focused on the application of law to technology in the electronics, computing, telecommunications and internet areas. He has handled all types of intellectual property disputes (patents, copyright, trademarks, confidential information) as well as high value contractual disputes with technical content, for multinational clients across multiple jurisdictions.

    He now practices as a consultant, independent adjudicator and mediator. He is an appointed adjudicator by the World Intellectual Property Organisation, determining internet domain name disputes.  He is the Chair of the independent panel of experts appointed by Nominet (the organisation responsible for all UK domain names).

    Nick advises the Investment Committee in relation to investments in intellectual property litigation and commercial disputes with highly technical subject-matter.

    • Robert Rothkopf
      Robert Rothkopf Managing Partner

      Robert founded Balance Legal Capital in mid-2015 to give its business and law firm partners the edge in commercial disputes and business operations.

      Prior to founding Balance, Robert was a Senior Associate in the International Dispute Resolution and Arbitration Group at Herbert Smith Freehills LLP where he advised multi-national companies on commercial and investment disputes.

      Robert’s commercial disputes experience has focused on the energy sector and includes representing a multinational energy company in a $150 million ICC arbitration concerning the impact of government-imposed price renegotiation in the coal industry; representing an oil & gas major in a dispute under a long term gas supply agreement in relation to an off-shore West African field; defending a Russian energy infrastructure company in LCIA arbitration proceedings; and advising an oil major on potential claims under a bi-lateral investment treaty related to corruption charges and maltreatment of company officers.

      Robert has extensive private practice and in-house experience. Robert was a co-founder of HSF’s New York office, establishing a disputes practice in a new market from 2012 until 2015. Before that, Robert worked in HSF’s London and Moscow offices, and spent over a year in-house at BP’s specialist global dispute resolution team.

      At Balance, Robert is a member of the Investment Committee and, together with the other partners, is responsible for deal origination, execution, and product development. Robert writes on current issues in funding, with a focus on international arbitration.

      Robert is a Solicitor Advocate with Higher Rights of Audience in the Courts of England & Wales, has a law degree from BPP, and a Masters of Biochemistry (MBiochem) from Oxford University.

    • Simon Burnett
      Simon Burnett Partner

      Simon has over eight years’ experience advising clients on commercial disputes, most recently with Freshfields Bruckhaus Deringer LLP in London.

      Simon’s experience includes defending a Russian client in relation to a multi-billion dollar claim brought in the High Court in London; advising a Fortune 500 Company on a dispute arising out of the sale of a UK subsidiary and related High Court proceedings; conducting a cross-border, multi-faceted bribery and corruption investigation for a FTSE 100 company; and successfully defending a Silicon Valley technology company in proceedings brought by the competition regulator.

      Simon is responsible for Balance’s marketing and business development initiatives, deal origination and evaluation as well as sitting on Balance’s Investment Committee. Simon writes on developments in the area of litigation funding and innovation in the legal sector.

      Simon is admitted as a solicitor in England and Wales as well as in multiple Australian jurisdictions.

      Simon has a Bachelor of Laws from the University of Sydney and a Master of Laws from the University of New South Wales. Simon recently completed an MBA from the London Business School during which he consulted to leading international law firms on developments and innovation in the legal sector.

    • Oliver Hayes
      Oliver Hayes Partner

      Oliver joined the team at Balance Legal Capital in October 2015 to work on deal origination and due diligence, deal execution, investment monitoring and fundraising.

      Prior to working at Balance, Oliver spent over 6 years as an associate in the dispute resolution team at Freshfields Bruckhaus Deringer LLP, specializing in commercial litigation, investigations and contentious regulatory matters in the financial services sector.

      Oliver’s experience includes: defending global investment banks in High Court proceedings brought in relation to complex financial products and transactions; acting for an international consulting firm in High Court proceedings brought by the trustees of a pension scheme; acting for a UK financial services provider in relation to a major loss of customer data; acting for an insurer in arbitration proceedings relating to an insurance coverage dispute; acting for a global custody bank on an investigation in relation to client overcharging on asset portfolio transitions; and acting for a UK financial services group in relation to legal and regulatory issues arising from a major misstatement in its published accounts.

      Oliver worked in the London and Paris offices of Freshfields and in 2014/2015 went on secondment to the EMEA litigation team of Credit Suisse where he managed a portfolio of disputes and contentious regulatory matters.

      Oliver is admitted as a solicitor in England and Wales. He has a law degree from BPP and a BA in Modern History from Oxford University.

    • Kylie Ansbro
      Kylie Ansbro Consultant

      Kylie joined the team at Balance Legal Capital in November 2015 as a consultant.

      Kylie is a qualified Solicitor, and worked for four years at Freshfields Bruckhaus Deringer LLP, in the commercial disputes and arbitration teams.

      Whilst at Freshfields, Kylie acted for a number of corporate clients in large-scale and multi-jurisdictional litigation and gained experience in litigation, arbitration and mediation.  Kylie acted for a Russian businessman in high profile, multi-billion dollar proceedings in the High Court of England (Chancery and Commercial Divisions) over a period of three years.  Other notable cases included: acting for a US company in a High Court claim arising from the disposal of a UK subsidiary; acting for court-appointed receivers in the recovery of billions in assets of a defendant in High Court proceedings; and advising corporate clients on anti-bribery and corruption issues and investigations.

      From mid-2013, Kylie worked for two years as a Solicitor and then Senior Solicitor with the General Medical Council, conducting Fitness to Practise cases, and managing a team of junior lawyers and paralegals.

      Kylie has a law degree from the University of Cambridge.

    • Marc Allen
      Marc Allen Consultant

      Marc joined Balance Legal Capital in 2016 in order to contribute to growth/social impact strategy and case evaluation.

      Previously, Marc spent 4 years at Freshfields Bruckhaus Deringer in London and Paris, specialising in international arbitration. His experience includes representing blue-chip corporations and sovereign states in disputes conducted under ICSID, ICC and LCIA rules across Europe, the US and Latin America – including a major, successful claim supported by litigation finance. He has also acted in high-profile antitrust investigations and is fully trained as a mediator.

      Alongside private practice and litigation funding, Marc has led projects to advance criminal justice in the US and development outcomes in Latin America.

      Marc is qualified as a solicitor in England & Wales. He obtained a BSc in International Relations from the London School of Economics & Political Science and completed law school at BPP. He is a native speaker of English and French and fluent in Spanish.

    • Sophie Thorne
      Sophie Thorne Office Manager

      Sophie joined the team at Balance Legal Capital in December 2016 as our Office Manager. Her responsibilities encompass many aspects of the business including marketing, office admin and events planning. Her incredible organisation skills keep the team running smoothly.

      Sophie is fluent in French and Spanish, and has an MA in Modern Languages from the University of Cambridge. Prior to working at Balance, Sophie was Head of Operations for a drinks start up, and she is currently in the process of setting up her own business.

    Regulation

    Balance Legal Capital is a funder member of the Association of Litigation Funders (ALF), the body responsible for the self-regulation of litigation funding in England and Wales. As a professional funder and member of the ALF, Balance abides by the Code of Conduct for Litigation Funders which was published by the UK’s Civil Justice Council in 2011.

    The Code sets out the standards by which all full funder members of the ALF must abide, including with regard to capital adequacy, the control of proceedings, settlement and the circumstances in which funding may be withdrawn. Further detail on the rules of the ALF can be found here. A full version of the Code of Conduct for Litigation Funders can be downloaded here.

    Advisory Board

    Edward Lam is a founding partner and lead fund manager at Somerset Capital Management where he manages AUM US$2.9 bn in Somerset’s Dividend Growth fund (as at June 2017).

    As a member of Balance’s Advisory Board, Edward contributes his experience of launching and managing funds to help shape management strategy and implement best practice at Balance Legal Capital.

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