Insights

Balance is pleased to announce that it is financing Queensland’s first-ever class action proceedings, assisting a group of farmers in their claims against a seed manufacturer.

‘Representative’, ‘class’ or “group” actions allow collective redress in civil litigation in England & Wales, Australia and the United States.  However, there are critical differences between the rules that govern such actions in these jurisdictions, not only in relation to the procedural hurdles but also regarding the role of litigation funding.

Third-party funding remains in the spotlight in international arbitration and will come under renewed scrutiny following publication of the draft report of the task force established in 2013 jointly by ICCA and Queen Mary University of London. The report is available for public comment until 31 October 2017.

Balance Legal Capital has become a Funder Member of the Association of Litigation Funders (ALF), the independent body authorised by the Ministry of Justice to deliver self-regulation of litigation funding in England and Wales.

Robert Rothkopf speaks about allocation of third party funding costs in international arbitration at ICC YAF Conference in Zurich on 30 June 2017.

Leading international law firm, Eversheds Sutherland, has appointed Balance Legal Capital to its litigation funding panel, following a selection process led by Paul Worth, Evershed’s Litigation Practice Group Head.

Balance Legal Capital is pleased to announce its continuing expansion, with the appointment of former Freshfields managing partner/head of disputes and One Essex Court mediator, Ian Terry, to its Investment Committee.

Balance Legal Capital’s Simon Burnett wrote a piece for International Corporate Rescue last month. The article discusses the use of decision trees in litigation analysis.

Flattering account of the Balance Legal Capital event at the House of Lords last night by Edward Fennell in The Times this morning (1 December 2016).

The recent case of Essar v Norscot has clarified that an arbitrator’s general power to award costs includes the power to award the costs of third party funding. In so doing, has arbitration gained an unexpected advantage over litigation for claimants that require third party funding?