There are interesting contrasts between the highly dynamic securities class action markets in Australia and England and Wales. While the Australian market is more developed, there has been rapid growth in recent years in England and Wales.
A common feature in both markets is the prevalence of third-party litigation funding and the courts continue to grapple with a range of substantive and procedural issues which this poses. In this article, we consider the principal characteristics of funding in each of the jurisdictions and compare and contrast how recent case law developments may impact the approach adopted by funders, and therefore risks faced by listed companies.
This article was first published in Butterworths Journal of International Banking and Financial Law.
The contents of this publication are for reference purposes only and may not be current as at the date of accessing this publication. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action based on this publication.
© Herbert Smith Freehills 2021