Insights

Washington – June 10, 2025: Crowell & Moring partners Paul Haskel and Paul Muscutt, senior counsel Scott Lessne, and counsel John Laird authored a chapter entitled “An Overview of Litigation Funding” for the International Comparative Legal Guide – Lending & Secured Finance 2025 edition.

London – October 4, 2023: Crowell & Moring U.K. LLP has been recommended in four practice areas in the Legal 500 United Kingdom 2024. In addition, partner Andrew Knight has been named as a leading individual for asset based lending. The firm’s full rankings can be viewed here.

London—October 13, 2021: Legal 500 has again listed Crowell & Moring as one of the top UK law firms in The Legal 500 UK 2021 for its asset-based lending work.

In a previous client alert on a recent Civil Justice Council (“CJC”) report on litigation funding in England and Wales we discussed the issue of whether payment waterfalls providing funders with payment priority are compliant with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”), the issue being a matter to be heard on appeal in June 2025. Funders will be pleased to hear that the answer is “yes”. The Court of Appeal has held that the DBA Regulations focuses on whether a funding agreement determines the amount of a funder’s fees by reference to the damages awarded to the successful litigant. The fact that a funder may receive its fees from the proceeds is not enough in itself for the arrangement to fall under the DBA Regulations.

On 2 June 2025 the Civil Justice Council (a UK public body that advises on civil justice and civil procedure) (“CJC”) issued its Review of Litigation Funding Final Report (the “Report”). The CJC has provided comprehensive recommendations on the regulation and reform of litigation funding in England and Wales. The highlight recommendation of the Report is for the UK Government to remove third party litigation funding from the regulations and requirements of the Damages-Based Agreements Regulations 2013 (“DBA Regulations”), reversing the judgment of the Supreme Court in PACCAR.[1] Meanwhile, the UK Court of Appeal has recently endorsed a position that the Competition Appeal Tribunal (“CAT”) may order that third party funders of collective proceedings be paid first from litigation proceeds before claimants according to waterfall provisions in their funding agreements.

All insolvency professionals appreciate that Section 236 of the Insolvency Act 1986 (“s236”) grants significant investigatory powers to office-holders into a company’s business dealings, affairs and director conducts, including the power to obtain third-party records and information.

Shared real estate ownership schemes have proved to be incredibly popular in recent years. Investors are often promised high yields into properties such as student accommodation, hotels, and even car parking. However, these projects are often poorly planned, where developments prove to be nothing more than a loss-making venture with investors frequently receiving lower yields or in some cases nothing at all.