CC criticised for conflict issues in Excalibur case as COA finds claimants liable for costs

CC criticised for conflict issues in Excalibur case as COA finds claimants liable for costs

The high-profile Excalibur dispute continues to haunt Clifford Chance (CC) as London’s Court of Appeal has handed down a critical ruling, saying the Magic Circle firm had an ‘an acute conflict of interest’ on the case.

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Litigation funding: Levelling the playing field

Litigation funding: Levelling the playing field

Kobre & Kim’s Robert Henoch and Michael Ng discuss third-party financing.

Outward-facing Israeli companies often find themselves facing off against larger, deep-pocketed adversaries, such as joint venture partners, investors, distributors, customers, licensees, or those who have infringed on their intellectual property (IP) rights. When this happens, well-financed opponents can leverage the threatened expenses of the legal process in their home countries to destroy the rights of smaller Israeli companies. Third-party litigation funding offers a potential solution for Israeli companies to vindicate their legal rights under such circumstances.

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The bigger short – third party funding bets on new markets and models

The bigger short – third party funding bets on new markets and models

Historically confined to David vs Goliath claims, a new band of dispute funders are pushing the model into new frontiers. How far can they go?

Hedge fund methodology – the process of using hard numbers to make statistical predictions – is not part of a dispute lawyer’s traditional armoury. Yet the same kind of financial calculation used by banks and asset managers is not just creeping into the disputes market, but threatening to have a significant impact on it.

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Guest post: Making the case to regulate third-party funding – badly

Guest post: Making the case to regulate third-party funding – badly

The US Chamber of Commerce, scarred by the American litigation culture, has long been spreading the word about the pain that litigation can cause, and has a particular bee in its bonnet about third-party litigation funding (TPLF).

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Double-edged – cutting both ways with third party funding

Double-edged – cutting both ways with third party funding

It’s been a turbulent year for third-party funders, from court battles shining a spotlight on risky investments to new entrants and exits. Legal Business scopes the changing landscape for litigation’s bankrollers.

In early autumn, high-flying disputes lawyer Harvey Rands was taking a vacation in upstate New York. While many spend breaks catching up on books and perfecting golf swings, Rands, one of Memery Crystal’s highest billers, held in his possession an embargoed draft of the Excalibur costs judgment, a Commercial Court ruling on one of the most controversial pieces of litigation in recent years. Crucially the ruling, made public on 23 October, found third-party funders liable for indemnity costs in what became a precedent for an industry historically dogged with a controversial reputation.

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