Litigation funding occurs when a third party, with no direct interest in a legal case, finances the legal costs in return for a share of the claim proceeds if successful. “This form of finance allows proceedings to be pursued which otherwise would be hindered by a claimant’s lack of funds” explains Elad Smadja, CEO of …
Litigation Funding: Pioneering an Alternative Asset Class in South Africa Read More »
Today’s CFOs face a diverse and complex range of challenges and priorities. These include ever-present liquidity demands, increased compliance and regulatory issues, the need to optimise expense budgets, and the constant pressure to do more with less. Consequently, CFOs need to be solutions-driven and responsive in how they make decisions. Litigation finance (also called litigation …
Opinion: Litigation Funding – A CFO’S Perspective Read More »
An R80 million fund is now available to finance cases that may not have otherwise been able to proceed Taurus Capital is the first in its sector in South Africa to raise a fund of this value Johannesburg, 28 October 2020: A South African legal financing firm, Taurus Capital, has announced the availability of an …
Local Legal Financier Raises R80 million for Commercial Litigants during the Pandemic Read More »
The disclaimer that all lawyers give their clients upfront in litigation is that litigation is lengthily, expensive, and without guarantee. Disputes, however, do not have to be a binary choice of either entering lengthily acrimonious litigation, or walking away from a claim. Mediation is a recognized preliminary Alternative Dispute Resolution (“ADR”) process available to disputants …
The billable hour has been the ubiquitous billing model for litigation services in South Africa since anyone can remember. The model is that lawyers charge their time out to their clients at a set rate per hour. This devoted time is itemized in increments (e.g.: 6 minutes or 15 minutes) and then tallied up and …
This article follows our article on the game theory of litigation and its “signaling events”. One such signal is unique to a party that utilises a litigation funder and discloses its presence to their opponent. It is common in high-stakes litigation for an opportunistic defendant to adopt a dilatory strategy to frustrate the legal process and wear …
Examining litigation and game theory is not a new concept. In South Africa, Taryn Neuhaus has written a fascinating paper titled “Game Theoretic Modeling of Litigation in Engineering Projects” (2015). This article presents some of her premises and conclusions, as well as those of the authorities and academics papers she has referenced. Litigation is a …
Litigation is expensive and comes with enormous risk. With litigation funding available in South Africa, the legal landscape has changed for those who would not normally have access to our courts. Simon Kuper and Gary Sweiden are in the CliffCentral studio with Garry Hertzberg to explain the concept. Listen from 32:55 to hear the team.
Nick Denton, Gawker Media’s founder and CEO, announced that the company has reached a settlement with Hulk Hogan as part of an insolvency arrangement to settle Hogan’s jury award against the company. It has been reported that the settlement is in the amount of $31m plus a percentage of the proceeds of the sale of Gawker Media. …
Update: Litigation Funder Sinks News Organisation Read More »
The worldwide rise of litigation funding began after the Global Financial Crises of 2008. The transaction of funding litigation has, however, been around for millennia. Before its scale into the main stream of both the litigation and investment arenas, it was more commonly known as the legal doctrine of “Champerty” and, until relatively recently, the …
