In this two-part video series, Matthew Amey, Sarah Breckenridge and Simon Jerrum discuss issues arising in the funding of litigation in offshore jurisdictions, in light of the recent decision of the Supreme Court in PACCAR. The discussion includes considering when funding might be used in the offshore jurisdictions, the impact PACCAR may have on litigation funding in offshore jurisdictions, how funders can work with clients and law firms in funding litigation, and pitfalls to be aware of.

Matthew Amey is Director of TheJudge Global and has brokered some of the largest insurance programs for own-side and adverse costs in existence, for some of the most complex commercial disputes litigated in today’s market. Matthew has over two decades of experience arranging funding and insurance for litigation matters, he regularly provides expert commentary on the state of the industry for legal conferences and publications, including the national press.

Sarah Breckenridge is an investment manager at Erso Capital and an English-qualified solicitor-advocate with over 15 years of experience advising on litigation funding, insurance and alternative fee arrangements. Erso provides flexible and tailored dispute finance for businesses, corporations and law firms and is a funder member of the Association of Litigation Funders (ALF). With a global mandate, Erso has active experience in funding disputes in offshore jurisdictions.

Simon Jerrum is a partner in Appleby’s global dispute resolution practice group. Simon specialises in managing complex commercial disputes involving concurrent proceedings in several jurisdictions and the recovery of assets based overseas. He has extensive experience in the area of litigation funding, regularly advising clients and funders on the issues involved in funding litigation and the options available.

Please Note: This is not intended to be, nor should it be used as, a substitute for specific legal advice on any particular transaction or set of circumstances. It does not purport to be comprehensive or to render legal advice and is only intended to provide general information as of the date hereof.

UPDATE: 19 March 2024: After the recording of this series, the government published HL BILL 56  described as “a bill to amend section 58AA of the Courts and Legal Services Act 1990 to make provision about the enforceability of litigation funding agreements.”  It is currently at a very early stage (having only had its first reading in the House of Lords), but you can view the bill and track its progress here.

Part One: Funding Disputes in the Caribbean


Part Two: Funding Disputes in the Crown Dependencies