REUTERS | Dado Ruvic

There are many ways to price litigation funding transactions, and different funders and their investors may employ different methods even for the same investment. In this piece and a following part 2, I explain one method of pricing single case investments using a simplified fundamental analysis where “risk” is reduced to a straight percentage chance of winning or losing (which is obviously a simplified view of the world of litigation funding). I then look at pricing from the other end of the equation to determine what a funder’s pricing may imply about the risk of a case. Finally. I turn to some real-world applications of implied risk to explain why it is often irrational for funders to abandon cases, and whether funders are too expensive. Continue reading

REUTERS | Ammar Awad

The ongoing saga surrounding personal injury firms’ tussles with costs recovery specialists has resulted in some important guidance for solicitors on permissible fee arrangements. The implications on the charging structures for the sector could be profound, especially in respect of conditional fee agreements (CFAs) and the charging of success fees. Continue reading

REUTERS | Henry Nicholls

In a worrying recent development, guidance has been issued by the European Commission which suggests exclusive English jurisdiction agreements entered into between October 2015 and exit day may not, in the case of a no-deal Brexit, come within the Hague Convention on Choice of Court Agreements 2005. Continue reading