Posts Tagged : Stonward

European Class Action Report 2022

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”

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…

Carolina Bayo writes for the newspaper Expansión about the new ICC regulation

The economic newspaper Expansión publishes our Senior Director’s opinion on the new ICC Regulation that just entered into force. Carolina Bayo explains that one of the most significant changes in the new Regulation with respect to its 2017 version, which will continue to apply to cases filed before January 1, 2021, is that it includes an expected specific provision on funders and a necessary obligation for the parties: to inform about the existence of third-party funding. The obligation does not specify that the terms of the funding agreement must be disclosed. In Carolina’s opinion, the solution established by the ICC…

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New Records for ICC Dispute Resolution

The latest statistics published by the ICC (International Chamber of Commerce) reveal that arbitration is an increasingly popular mechanism for dispute resolution, and the Spanish element continues to increase. In fact, Spain ranked seventh in the most frequent nationalities among parties, with 87 parties representing 3.48% of the total number in all 2019 ICC filings, and Spanish law was the seventh most selected applicable substantive law of all cases registered before the ICC in 2019. Choice-of-law clauses were included in the substantive contractual provisions relied upon by parties in 88% of all cases registered in 2019. These covered the laws…

Collective redress is now a reality in the EU; does it affect Legal Finance?

Collective redress or collective litigation is a legal proceeding where multiple claimants with similar o related claims group together to pursue legal actions against the same defendant or defendants. This common figure known as the “class action” under US Law was not an option under certain EU jurisdictions, until just recently. A new Directive —approved by the European Parliament on November 24—, allowing Collective redress in the European Union is going to change the litigation landscape. The new legislation lays a foundation for representative action in all member states, guaranteeing better protection to consumers against domestic and cross-border “mass harm”,…

Litigation Finance: Legal Framework in Spain (I)

Spain is an attractive market for litigation funders, and proof of this is the growth in competition of the last five years. In fact, an increasing number of funds seek to increase their presence in Spain through satellite offices. Notwithstanding the foregoing, the market is at a point of saturation, fact that does not come as a surprise. Spain is a very advantageous country for litigation funding because it offers a friendly regulatory framework. Spain is not restricted by the medieval figures of maintenance and champerty, typical figures of common law jurisdictions, and offers a lot of flexibility. Furthermore, art.…

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