I was just about to sign off for the day when I had a look at the ASX200 and saw the funniest thing I’ve seen all year
A year after Omni Bridgeway decided to try and instigate a class action against us (and offered to fund it just to try and suck people into their corrupt scam) they are down over 65% over the last year
How’s that dirty scam working out for you scumbags at Omni Bridgeway now
I think it might be time for Omni Bridgeway shareholders to start a class action against Omni Bridgeway
A lawsuit against the Perth-based firm is the first major challenge after a UK Supreme Court judgment effectively nullified most litigation funding agreements.
www.afr.com
ASX-listed litigation funder Omni Bridgeway is gearing up for a major fight in Britain’s High Court after a client refused to pay a multimillion-pound bill, claiming the funding agreement was unenforceable in England.
Lawyers for the client, Bugsby Property LLC, said the action could have wide-ranging implications for the litigation funding industry in the UK, and accused the Perth-based Omni Bridgeway of “aggressive” behaviour.
The lawsuit against Omni Bridgeway is the first major challenge following a UK Supreme Court judgment in July. Jessica Shapiro
The fight in London’s commercial courts is the latest challenge against litigation funders, including in Australia where former treasurer Josh Frydenberg sought to impose stricter regulations.
Bugsby Property received just under £3 million ($5.8 million) from Omni Bridgeway and more from litigation funder Therium for legal action over a failed acquisition of London’s Olympia Exhibition Centre in 2016.
Bugsby was partially successful and awarded about £15 million in damages.
But lawyers now acting for Bugsby said the funding agreements with Omni Bridgeway and Therium meant the pair were entitled to 133 per cent of the award.
Funder claiming 133pc is ‘terrifying’
“Winning in the High Court to be told that the funder is claiming 133 per cent of the winnings is terrifying,” said Ashkhan Candey, managing partner of New York-based litigation firm Candey, which is representing Bugsby.
“There needs to be greater public transparency into how funders operate,” Mr Candey told
The Australian Financial Review, adding he was hopeful a judgment from the UK Supreme Court in July would provide the answer.
The Supreme Court ruled that many existing agreements used by litigation funders were “damages-based agreements” (DBA) under the law and subject to a strict regulatory regime, including a 50 per cent cap.
DBAs are where the amount payable to a funder is “determined by reference to the amount of the financial benefit obtained” if the lawsuit is successful. Litigation funders, who had believed their funding agreements did not constitute DBAs, scrambled to review and rewrite agreements.
Bugsby’s action against Omni Bridgeway is thought to be the first challenge to seek a declaration that an existing funding agreement is a DBA and unenforceable. It would also require a ruling that the court could not cure the unenforceability or give restitution and return money invested.
Mr Candey said Bugsby was “disappointed and shocked” that while the parties were waiting for the High Court in London to determine the claim, “Omni Bridgeway obtained ex parte and without notice a £20 million freezing injunction against them – almost seven times the amount they funded our client”.
“They also attempted to have a recent hearing about the freezing injunction held in private, though this application was unsuccessful. This conduct is not only disproportionate and aggressive, but also seems to run against Omni’s value of being the champion of ‘access to justice’.”
In its financial results for the year ended June 30,
Omni Bridgeway downplayed the development, saying it had “very limited” exposure to affected matters.
An Omni Bridgeway spokesman declined to comment.
Omni Bridgeways shares traded at $1.65 at 10.45am AEDT, compared with $4.60 last November. The company’s largest shareholder is Rest Super, which has increased it holding to 8.5 per cent in the past year.