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.
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