Expertise and Experience
CASL is an expert in creating tailored litigation finance solutions for disputes and has decades of experience of doing so.
As with most aspects of litigation, there is nothing easy or considered a ‘slam dunk’ and it is a real advantage to have real experience in the trenches alongside you.
Litigation finance continues to evolve and develop, and has been used effectively in the following areas:
A class action is a legal proceeding in which one or more plaintiffs bring a lawsuit on behalf of a larger group, known as the class.
Class actions are a mechanism to bring the same or similar claims efficiently and cost effectively. The areas of law where class actions can be used are wide and include shareholder and investor class actions, consumer law class actions, medical class actions, financial product class actions, human rights class actions and environmental class actions.
Insolvency & Restructuring
Insolvency related legal proceedings are often brought by an external controller such as an Insolvency Practitioner who has been appointed to an insolvent company.
These proceedings may include claims against directors for breaches of their duties under the Corporations Act 2001 (Cth), insolvent trading and preference claims primarily to recover funds for the benefit of creditors.
In addition to providing funding for these legal proceedings, CASL will also consider the purchase and assignment of claims.
Legal disputes arise between parties often in the context of contract disputes where one party has greater financial capacity to defend a claim.
Contracts are not exclusive to one industry or sector, and may include areas as diverse as employment disputes, intellectual property breaches, and M&A warranty disputes.
This opportunity to seek financing for a legal dispute is also attractive to sophisticated companies, who may have the financial resources but prefer not to allocate their finite capital to non-core business such as litigation.
Law Firm Portfolio Facilities
With the introduction of Group Cost Orders (GCO) in the Victorian Supreme Court and most likely emerging in other jurisdictions, plaintiff law firms may seek portfolio facilities to enable them to participate with financial confidence demonstrable to the Court.
Whilst sourcing finance for individual GCO class actions may be preferred by some firms, the availability of a portfolio facility may be seen as an efficient method of securing capital by others.
CASL is experienced in large scale, complex, cross-border arbitration and provides more than just litigation finance to what are often difficult negotiations between highly experienced parties.
The contingent nature of litigation finance expands the pool for its potential uses, including for insurers through subrogation.
Subrogation is the right of the insurer to pursue the party that caused the loss to the insured in an attempt to recover funds paid in the claim.
Portfolios of claims often exist within insurance books that have an inherent value that can be unlocked.