Emerging New Asset Class of Litigation Funding and Asset Recovery Nordic Partnership call + 44(0 ) 207 193 3604
This is a new emerging asset class which is evolving rapidly into specialized sub sectors and recent funds have been launched and funded with substantial investors interest :-
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1) LIABILITY in asset recovery is more objectively determined --unlike patent infringement or malpractice claims-- because in asset recovery one party has taken money wrongfully and has not paid it back. Concurrent criminal cases can also make proving liability a non-issue. In most other commercial claims, both sides fight like hell to prove they are, or are not liable using obscure technical arguments. In asset recovery, it's more akin to proof of debt.
2) QUANTUM in asset recovery is also determine objectively. The claimant knows how much has been stolen, and investigations and tracing determine how much value can be recovered. If stolen assets have been converted into real property, they can easily be valued. In other litigation finance claims, even if liability is established, quantum can vary wildly, and if juries are involved, it can be downright arbitrary.
3) COLLECTION is a genuine risk in asset recovery, but pre-emptive asset recovery and preservation measures are designed to ensure assets are frozen until debts are proven. It's also important to note that with other commercial claims appeals can pose a continuing and real risk, Judgement debts or an objectively established liability to account for assets are more difficult to appeal.
A Guernsey-based investment fund is anticipated to become the second largest listing on London’s Alternative Investment Market (AIM) this year.
Burford Capital is aiming to raise £200m ($318m) in an initial public offering (IPO) to finance commercial litigation in the US.
It plans to start trading shares on AIM on or around 16 October. Latest Share PRICE
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