CASES WE
FUND

OVERVIEW

Taurus provides funding for high-value commercial litigation. Typically, we look to fund cases where the claim amount is more than R20 Million.

We will evaluate cases at various stages of arbitration or litigation, whether brought by one or more claimants.

WE HAVE SPECIALIST EXPERTISE
IN THE FOLLOWING AREAS

Commercial Litigation

These matters usually involve a breach of contract and/or repudiation with a subsequent monetary claim, or damages.

Specialist commercial disputes often pertain to specific sectors such as mining, insurance, construction, professional services, ICT, patents and intellectual property, as well as finance and investment.

Conflicts between shareholders around the valuation of shareholding and exercise of shareholder options.

We specialise in all matters involving commercial litigation and arbitration.

Local and International Arbitration

South Africa has a robust local arbitration framework that holds several advantages and efficiencies for dispute adjudication. The commercial sector generally favours arbitration as its preferred forum for commercial disputes.

We are also able to provide funding for international arbitrations, provided there is either an adjudication or enforcement proceeding required in South Africa.

Insolvency and Business Rescue

Funding for liquidators and business rescue practitioners to pursue claims, cost- and risk-free, on behalf of creditors.

Litigation funding is a solution to the lack of enthusiasm that creditors generally have to pursue commercial litigation. It allows claims to proceed without liquidators or business rescue practitioners being forced to realise assets or dilute creditor returns in order to pursue litigation that may take several years to conclude.

 

Many of these claims are often against opportunistic defendants reluctant to pay distressed or insolvent companies. These litigants shift their view of such claims when the existence of a funder is disclosed.

We specialise in impeachable transactions and voidable dispositions.

We also provide funding for 417 or similar enquiries.

Portfolio Funding

Portfolio funding is a specialised funding transaction for corporate litigants whereby funding is provided to a basket of claims with a common client, cause of action and/or legal team. The transaction is tailored to create economies of scale as the administration and cost of the litigation is streamlined into a dedicated legal team whose focus is to litigate the portfolio as a whole.

A portfolio funding solution can also cater for defendant matters or claims not of a monetary nature.

We look to work with corporate litigants and specialist law firms to create a portfolio funding solution that allows claims to be litigated, strategised and financed in a manner that could not be achieved if they were litigated on an ad hoc basis.

Class Actions

We provide specialised funding to litigations. This funding includes the required class action indemnity that is required for certification purposes.

Class actions require funding for several stages of litigation – certification, merits and quantum. In addition to legal fees, we also provide funding for expert reports on quantification of claims from the outset of proceedings as well as the necessary advertisement costs to sign up the class members.

CURRENT & PAST CASES

Below are examples of the types of cases we fund:

Arbitration: Telecommunications SME v Listed ICT Company

Arbitration in respect of a claim between a telecoms SME against a large listed ICT company following their repudiation of commercial agreements following alleged breaches.

Arbitration: SME v Large Listed Subsidiary

Arbitration in respect of a claim between an SME against a subsidiary of a large listed ICT company following their repudiation of commercial agreements following alleged breaches.

Commercial Court Case: SME v Listed Telecommunications Provider

High Court claim for damages by SME ICT company against a listed telecommunications provider following repudiation of a commercial agreement.

Arbitration: Professional Service Provider v State-Owned Entity

Arbitration claim by a professional service provider against a state-owned entity for a contractual penalty following repudiation of an agreement.

Arbitration: Minority Shareholders v Majority Shareholder in Listed Company Subsidiary

An arbitration between a minority shareholder against a majority shareholder in respect of interpretation of certain clauses under the shareholders’ agreement and valuation of a put option.

 

The minority shareholder obtained a successful award.

 

This award was subsequently overturned by an appeal panel.

Court Litigation and SCA Appeal Case: Group of Shareholders v Oppressive Shareholders

A claim between a group of shareholders against oppressive counterpart shareholders to be declared “shareholders” in the company and be entitled to the rights assets owned by the company.

 

The group of shareholders successfully obtained judgment in the High Court, which was successfully defended at the SCA.

 

The litigation continues before the High Court, where the oppressive shareholders continue to frustrate resolution of the matter[MOU2].

Arbitration and High Court Litigation and SCA Appeal: Local Minority Shareholder v SA Subsidiary of International Listed Multinational Company

An arbitration between an empowerment minority shareholder against a local subsidiary of an internationally listed multinational company in respect of the exercise of a put option under a shareholders’ agreement.

 

The minority shareholder obtained a successful arbitration award, which was subsequently reviewed and set aside by the High Court.

 

The minority shareholder successfully appealed the High Court judgment in the Supreme Court of Appeal.

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