Disclaimer: The information contained in this blog is general in nature and does not constitute legal advice. We recommend that claim holders obtain advice from their lawyers on litigation funding.
December 21, 2016
While each funder uses a unique set of criteria to assess the potential value of investing in a case, lawyers are likely to find similarities in the factors taken into consideration.
December 07, 2016
Litigants considering litigation funding often ask whether they will have to relinquish of control over the litigation strategy. The answer is no.
November 24, 2016
In September, Bentham hosted leading experts, litigators and academics for a roundtable discussion about the role that litigation funding might play in Canada.
November 18, 2016
In the latest issue of Canadian Business Magazine, Sarah Niedoba explores the growth of litigation funding in Canada.
October 31, 2016
Earlier this month, Hong Kong’s Law Reform Commission recommended that the common law principles of maintenance and champerty, which have held force in Hong Kong far longer than other jurisdictions, should no longer apply to arbitration and associated proceedings. This development comes hot on the heels of the promulgation of Singapore’s Civil Law (Amendment) Bill, anticipated to become law by the end of the year, abolishing maintenance and champerty in arbitration and certain other proceedings.
September 30, 2016
Following the recent decision of the Queen’s Bench for Saskatchewan in Schneider v Royal Crown Gold Reserve Inc, six provinces have now set out the guiding principles for approving third-party litigation funding agreements. Although most decisions are in the class action context, they are instructive for general commercial litigation, the core of Bentham IMF’s business in Canada.
September 22, 2016
Law firms exploring strategic growth have a new financing option to consider. By securing funding against a portfolio of three or more commercial litigation cases on a partial contingency basis, firms gain access to capital provided by Bentham.
September 08, 2016
In a typical business case, counsel on both sides generally agree to a number of reasonable pre-trial steps, like curtailing the scope of discovery or limiting the number of motions. It can keep the litigation process from becoming too combative or expensive for clients.
August 31, 2016
In our conversations introducing commercial litigation funding to the Canadian legal market, we are frequently asked about maintenance and champerty. Under current Canadian jurisprudence, third-party funding does not offend the doctrines of maintenance and champerty.
August 19, 2016
Third party litigation funding (TPF) can benefit businesses of all sizes, but small and medium sized companies can find particular value in using TPF for their cases.