Posts Tagged : bespokesolutions

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…

Litigation Funding Regulation proposed
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…

European Class Action Report 2022
19 de July de 2022 no comments

The second annual European Class Action Report 2022 published by international law firm CMS has been released. The report looks at class action activity in the UK and across Europe over a six-year period from 2016 to 2021. It is the only study to analyze data from class action proceedings across Europe and to map a true picture of class action risk. These are the key findings: The number of class actions filed in 2021 exceeds 2020, at 110 claims. This equates to growth of over 120% between 2018 and 2021. The explosive growth in ligation funding has been identified as…

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…

Third party funding, IPA Peru
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…