News Archives - Stonward

Judge Strikes Out Representative Claim in Prismall v. Google Case

22 de June de 2023 no comments

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

14 de June de 2023 no comments

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)

13 de June de 2023 no comments

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

4 de May de 2023 no comments

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

23 de February de 2023 no comments

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

31 de January de 2023 no comments

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…

2022: A Year in Review for Litigation Funding

29 de December de 2022 no comments

As we prepare to say goodbye to 2022, we would like to pause for a moment and reflect on the Litigation Funding related milestones that have defined the year. Regulations 2022 has been signaled by regulatory developments for the Litigation Funding Industry. Importantly, on September the European Parliament approved a set of recommendations to the Commission on Responsible Private Funding of Litigation. The Resolution recognizes that litigation funding is a growing practice in the EU and calls for a proposal for a Directive to establish common minimum standards on third-party commercial litigation funding addressing the transparency, fairness, and proportionality of…

Truck cartel: The León Court of Appeals rules in accordance with the CJEU’s interpretation

3 de October de 2022 no comments

RM vs DAF TRUCKS and VOLVO AB The implementation of Directive 2014/104, designed to regulate tort actions for competition law infringements, gave rise to several interpretational challenges around Article 22, which establishes a prohibition on the retroactive application of the Directive’s substantive provisions. The key issue was to determine which provisions were substantive and which were not. In the context of this interpretational problem, the Provincial Court of León referred a question to the Court of Justice of the European Union (CJEU) for a preliminary ruling that would clarify certain questions that were not entirely made clear regarding the characteristics…

Guido Demarco for Expansion about the New Resolution on Responsible private funding of litigation

28 de September de 2022 no comments

How to regulate Litigation Funding is a current trend lately. In this regard, Guido Demarco, Director of Stonward, has published an op-ed in the Spanish newspaper Expansión talking about the new Resolution approved by the European Parliament on Responsible Private Funding of Litigation. The Resolution, dated 13 September 2022, recognizes that litigation funding is a growing practice in the EU and calls for a proposal for a Directive to establish common minimum standards on third-party commercial litigation funding addressing the transparency, fairness and proportionality of this tool. The problem, according to Guido, is that the proposed regulation is prone to “over-regulation”. The…

European Parliament resolution on Responsible Private Funding of Litigation

16 de September de 2022 no comments

The European Parliament has approved a set of recommendations to the Commission on Responsible private funding of litigation. The Resolution, dated 13 September 2022, recognizes that litigation funding is a growing practice in the EU and calls for a proposal for a Directive to establish common minimum standards on third-party commercial litigation funding addressing the transparency, fairness and proportionality of this tool. At Stonward, we already addressed some of the European Parliament’s concerns and some of the issues raised in the resolution. During the second International Congress on Litigation Funding (LF), organized by Stonward and the Peruvian Institute of Arbitration, several experts on Litigation…