Since October 2017, Balance Legal Capital has been financing proceedings in the Supreme Court of Queensland by a group of sorghum growers in Queensland and New South Wales who purchased sorghum seed allegedly contaminated with “shattercane”. Shattercane is a noxious weed that can severely damage crop yields and take many years to be completely eradicated from soil.
The case is a landmark case in Queensland, being the first class action commenced under new rules for group actions introduced in the Supreme Court on 1 March 2017.
The case is currently being brought as an “open” class action, meaning that all sorghum growers in Queensland and New South Wales that purchased affected seed are included in the action and are entitled to compensation. As at mid-February 2018, over 50 growers had registered their interest in connection with the action. Sorghum growers that may be affected can register their interest here.
Balance Legal Capital is proud to be supporting this case which is an example of third party finance being used to obtain justice and compensation for individuals who may otherwise have lacked the resources and coordination to take on a large corporation. Under the funding arrangement, Balance assumes the entire financial risk of the proceedings in exchange for a return if the case results in a recovery for growers. This arrangement avoids the need for growers, many of whom are currently under financial strain, to contribute money to support the action and bear the risk of an order to pay the defendants’ costs if the action fails.
Douglas Campbell QC and Blair Hall are counsel for the plaintiffs in the action, instructed by Creevey Russell Lawyers.
The team at Balance Legal Capital has considerable experience in relation to class actions and funding issues that arise in these types of action. Let us know if we can help.
Balance Legal Capital is delighted to support the Commercial Litigators’ Forum (CLF) once again as a Gold Sponsor.
CLF brings together leading litigators to share insights, foster collaboration, and champion access to justice. Through our support of the CLF, we are proud to support the important work of the National Pro Bono Centre and the wider pro bono community.
Simon’s session explored the role of litigation funding in class actions, particularly from an insurance perspective, where there is still more to be understood around how funding works and the different structures available.
An important and evolving area as the market continues to mature.
Balance were once again honoured to sponsor the Pro Bono and Social Responsibility Award at this year’s Bar Pro Bono Awards, organised by Advocate. It was a fantastic evening recognising the impact of pro bono work across the Bar. The award was skilfully presented by Sarah Abram KC.
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Balance is a member of the Association of Litigation Funders of England & Wales. Our membership of the ALF requires us to satisfy on an ongoing basis stringent financial and capital adequacy tests and to comply with the ALF Code of Conduct.
Balance is a founding member of the Association of Litigation Funders of Australia, and a member of ILFA, the International Legal Finance Association.
Balance Legal Capital LLP is authorised and regulated by the UK’s Financial Conduct Authority.
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