Posts By : Ana Pastor

Have the tables turned in the litigation funding industry?
“Have the tables turned in the litigation funding industry?” A New Op-Ed by Guido Demarco

Our Director, Guido Demarco, writes for the Oxford Business Law Blog about the shifting dynamics of the litigation funding industry. Along with Rodrigo Olivares-Caminal, Chair in Banking and Finance Law, Queen Mary University of London, they offer a unique perspective on the rise, challenges, and transformative moments within the litigation funding sector, providing invaluable insights into the industry’s current landscape. Don’t miss the full article here. “Until now, investors in the litigation funding arena have echoed this thought. However, a recent decision by the UK Supreme Court in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal…

Landmark New York Court’s Decision Strengthens the Future of Litigation Funding
Op-Ed by Guido Demarco: Landmark New York Court’s Decision and the Future of Litigation Funding

Guido Demarco, Director and Head of Legal Assets at Stonward, delves into the outlook for litigation funding following the significant ruling by the New York Court in the case involving Petersen Energía SAU and Petersen Energía Inversora SAU (the Petersen Companies) versus the Republic of Argentina. The piece entitled “Landmark New York Court’s Decision Strengthens the Future of Litigation Funding” explains how the ruling reaffirms the critical role litigation funders play in providing access to justice, particularly in complex cases involving powerful sovereign entities. “No doubt, this will be a beacon in times in which the industry is under heavy…

Stonward in the Litigation Finance Journal podcast
Chris Garvey interviewed in Litigation Finance Journal

The Litigation Finance Journal has spoken with Chris Garvey, member of the Board of Investments at Stonward. In this episode, Chris discussed the litigation funding market in Spain, the challenges and opportunities for funders there, what cases Stonward looks to finance, implications of the Voss report, and much more! Listen to the full episode here. Chris pointed out that “there is a very healthy and active, vibrant-no win, no fee industry within the legal community in Spain”, and highlighted the two areas in which he is seeing more funding deployed: “the competition space, where you have the need for expensive…

Litigation funding - Advancing class actions against large corporations
Opinion: “Litigation funding – Advancing class actions against large corporations”

Our Director and Head of Legal Assets, Guido Demarco, has published a new opinion article at Abogados.Com.Ar, a prestigious Argentinian website focused on the legal sector, about how litigation funding can help advance class actions against large corporations. Litigation funding has proven to be an invaluable tool for driving large-scale class actions. The truck cartel in Europe, the PPI scandal in the UK, the ‘Dieselgate’ in Germany or the class action brought by shareholders against the Commonwealth Bank of Australia are just a few examples. The financial support provided by litigation funds has leveled the playing field against large companies…

Case Andrew Prismall v Google UK
Judge Strikes Out Representative Claim in Prismall v. Google Case

In this article we analyze the recent decision on the case Andrew Prismall v Google UK, in which the High Court had to consider the viability of an opt-out class action claim brought by a class representative. Here are the details of the claim: The claim: focused on alleged misuse of patients’ private information in various respects (MOPI). Liability and the remedy sought: reasonable expectation of privacy and loss of control damages. Representative Claimant: faced inherent challenges in bringing the claim as a representative action because numerous variables existed among the members of the class requiring individualized assessment. Reasoning: if individualized…

The Spanish Supreme Court has ruled on fifteen appeals in relation to claims for damages for the 'truck cartel' from different Provincial Courts
Spanish Supreme Court Ruling on the Trucking Cartel

The Spanish Supreme Court has ruled on fifteen appeals in relation to claims for damages for the ‘truck cartel‘ from different Provincial Courts. On May 10 and 11, the High Court held five public hearings corresponding to fifteen appeals referring to five manufacturers. The appeals refer to five manufacturers (MAN, DAF, IVECO, DAIMLER MERCEDES and VOLVO/RENAULT) and address the following questions: 1. Content and scope of the European Commission’s decision. 2. Proof of the existence of the damage. 3. Quantification of the damage. Judicial estimation. 4. Accrual of interest   All the information can be found here (in Spanish) 

Stonward joins The European Litigation Funding Association (ELFA)
Stonward joins the European Litigation Funding Association (ELFA)

Stonward, litigation funder focusing on Spain and Latin America, is very pleased to announce that it has joined the European Litigation Funding Association (ELFA), as the association now builds towards becoming the collective voice of the European Litigation Funding Industry. The Spanish leading newspaper Expansion has shared the news. (link)   Guido Demarco, Director and Head of Legal Assets of Stonward, explained why it was important for the funder to become part of ELFA: “we are thrilled to announce our membership in the European Litigation Funding Association (ELFA), marking a significant milestone in our journey as a litigation funder based…

Analysis: Recent ruling on competition law that strengthens its enforcement

Our experts analyze the recent ruling by the European Court of Justice (ECJ) on Case C-25/21 on  competition law, on the basis of the burden of proof in actions for damages brought under Article 101 TFEU (Treaty on the Function of the European Union), which prohibits anti-competitive agreements between companies. The case: The claimants are the owners of a service station built by their predecessor. During the period from 1987 to 2009, the claimants or their predecessor, on the one hand, and Repsol, on the other, concluded several exclusive contracts for the supply of fuel. In 2001 (final decision 2010)…

Stonward Best Litigation Funder - Litigation funding
Stonward: Litigation Funder recommended by the Leaders League Ranking

Stonward has been ranked by Leaders League among the best Spanish Litigation Funders. In its analysis, Leaders League highlights Stonward’s track record and its team. According to the researchers, Stonward holds a “strong position in the areas of commercial litigation, antitrust and insolvency“, and “advises their clients to find the angle to their legal assets, so that they can capitalize the strengths“, offering bespoke solutions to access legal finance. “The team has built a reputation for being pioneers of the litigation funding sector in Spain, combining years of experience in this field with legal technical expertise and a deep understanding…

Analysis: Preliminary Draft Law – Representative Actions for the Protection of Consumers’ Collective Interests

Analysis of the Preliminary Draft Law on representative actions for the protection of the collective interests of consumers, which the Council of Ministers approved on December 20, 2022. This Law involves the transposition of Directive (EU) 2020/1828 of the European Parliament and of the Council of 25 November 2020 on representative actions for the protection of the collective interests of consumers. The Draft Bill on Representative Actions for the Protection of the Collective Interests of Consumers brings new developments in the field of collective actions, which we now refer to as representative actions. The Directive guarantees that all the Member…