arbitration Archives

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…

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)…

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…

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…

Demarco for Leader’s League: “Litigation funding can help balance the scales of justice”

30 de May de 2022 no comments

Our Director and head of legal assets, Guido Demarco, explains in this Q&A for Leader’s League the sector’s growth and dispels some of the misconceptions surrounding it. Trends and innovations, “best friend” relationships between law firms and litigation finance firms, how can companies use litigation financing as a tool to help manage cash flows, and what should law firms know about the practice are some of the subject matters explained by Demarco. “We expect that 2022 will bring more regulatory developments, and although stakeholders usually welcome regulation to bring clear rules and transparency into the equation, there are concerns that…

Arbitration experts agree: Litigation Funding does not generate frivolous lawsuits

24 de February de 2022 no comments

The second International Congress on Litigation Funding (LF), organized by Stonward and the Peruvian Institute of Arbitration, highlighted some ideas: litigation funding does not generate frivolous claims, and the legislation being proposed by bodies such as the EU is prone to “over-regulation”. The experts who participated in the talk –specialists in third-party funding and/or specialized in the world of arbitration who have worked directly with funding– were: Antonio Bravo, partner in charge of the Litigation and Arbitration practice at Eversheds Sutherland in Spain; Daniel Rodríguez, partner and co-head of the arbitration and litigation practice at CMS Rodríguez-Azuero in Colombia; Guido…