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.
February 10, 2017
In recent years, the legal industry has seen a dramatic increase in demand for alternative fee arrangements (AFAs).
January 31, 2017
Whilst 2016 was a somewhat discombobulating year across the globe, it was also a year of new beginnings, terrific opportunity and achievement.
January 16, 2017
In the United States, the litigation finance industry is more mature than in Canada; American law firms and clients often use funding to pursue meritorious commercial litigation. At the same time, the U.S. market is evolving quickly. In just five years since Bentham opened its first U.S. office, it represents approximately 50% of our cases worldwide.
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.
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 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.