Collective actions in England and Wales: is 2024 the crucial year?
Sarah Breckenridge February 12th, 2024

2024 is set to be a crucial year for collective or group claims in England & Wales. Outside of the collective actions regime for competition claims in the CAT, the Civil Procedure Rules might be seen as hindering those seeking … Continued

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Procedural Challenges in the Competition Appeals Tribunal – how far have we come?
Erso January 15th, 2024

In December 2023, Sarah Breckenridge, Investment manager at Erso Capital, contributed to the ThoughtLeaders4 Competition Magazine’s round up of 2023. She reviewed the procedural challenges in the UK’s Competition Appeals Tribunal, and the developments which had been made over the … Continued

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Reaction to Sony decision in CAT on PACCAR issues.
Matthew Amey November 27th, 2023

Litigation funding is often criticised for being too expensive and indeed, on occasion, litigation funders are portrayed as greedy opportunists. The truth is that the price of litigation funding is a function of the risks that funders take in supporting … Continued

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Erso Capital launches additional $500m Litigation Fund dedicated to Patent Disputes.
Erso September 28th, 2022

Erso Capital is delighted to announce that we have launched a dedicated fund to finance patent litigation opportunities around the world with access to in excess of $500 million in capital between discretionary funds, single managed accounts and co-investment funds. … Continued

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Consumers’ Association v Qualcomm Incorporated: preparing to fight on Anti-Avoidance Endorsements
Erso May 31st, 2022

Author: Sarah Breckenridge In the Competition Appeal Tribunal, claimant and defendant arguments around the grant, nature and scope of a Collective Proceedings Order (“CPO”) are developing quickly. The issues around opt-in and opt-out seen in Le Patourel v BT for … Continued

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Former Bryan Cave Leighton Paisner Dispute Lawyer Joins Erso
Erso May 9th, 2022

  The team at Erso are delighted to announce the arrival of Sarah Breckenridge to our team.  Sarah joins as an Investment Manager in Erso’s UK team. Prior to joining Erso, Sarah worked as a corporate/commercial litigator at Bryan Cave … Continued

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New Delaware Supreme Court decision opens door to recovering cost of litigation funding
Erso April 29th, 2022

In the U.S., the general rule is that each party in a legal proceeding pays its own costs and fees. There are some exceptions under which federal courts, and occasionally federal agencies, may order the losing party to pay the … Continued

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High Court upholds award of costs for third party funding
Erso January 18th, 2022

In Tenke Fungurume Mining SA v. Katanga Contracting Services[i], a recent High Court decision reinforces the reluctance of the English courts to intervene in arbitration appeals and confirms the approach taken by the court in Essar[ii] in which a section … Continued

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Litigation funding given the official greenlight in the Cayman Islands
Erso July 20th, 2021

On the 1st of May 2021, The Private Funding of Legal Service Act 2020 (“The Act”) officially legalised litigation funding in the Cayman Islands and codified the rules for its use. Previously, the use of private litigation funding had been … Continued

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