Category Archives: Harbour News

Harbour has moved!

 

We have moved into a splendid new home on Lower Regent Street with more meeting room space and larger offices for our growing team.

Our address is now:

8 Waterloo Place,
4th floor,
London
SW1Y 4BE

All of our individual phone numbers remain the same as does our general number,  020 3829 9320.

We hope to see you soon.

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London cabbies launch claim against Uber

6 August 2018 – London’s cab drivers are coming together as Cabbie Group Action to bring a potential group legal action against Uber for damages and loss of earnings due to the alleged unlawful operation of Uber under the relevant statutory framework.

The action is supported by Mishcon de Reya as well as a wide variety of key organisations involved in the licensed cab trade. With the proposed action backed by Harbour Litigation Funding Ltd, cabbies can join the claim knowing that their legal costs will be covered.

Cabbies can register their interest and access further information on the website www.cabbiegroupaction.com.

Please send your media enquiries to Christine Quigley on 07718 489 713 or christinequigley@newingtoncomms.co.uk, or Tom Flynn on 07718 489 701 or tomflynn@newingtoncomms.co.uk, both at Newington.

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Harbour responds to ALRC’s Class Actions Discussion Paper

The Australian Law Reform Commission (ALRC) released an Inquiry into Class Action Proceedings and Third-Party Litigation Funders (DP 85) on 31 May 2018 and invited submissions by 30 July 2018.

Harbour considered all 16 proposals and 11 questions in detail and offered its response, drawing on its experience of having funded globally for more than 10 years and in Australia since 2013.

Serious corporate wrongdoing continues to take place globally, despite strict corporate governance regulations and the threat of regulatory enforcement. Any reduction of the ability of victims to seek private redress weakens the sense of corporate responsibility. It is therefore essential that private enforcement – mass redress for victims of corporate wrongdoing – is effective and supports a strict regulatory regime.

Stephen O’Dowd, Senior Director: “The discussion paper was clearly well researched, and we welcomed the opportunity to respond. Two key points: we believe the UK’s model of self-regulation efficiently deals with the concerns identified by the ALRC. We also set out why we believe the courts should not be given the express statutory power to reject, vary or set the commission rate in third-party litigation funding agreements.”

We await the outcome of the discussion paper with great interest.
The full response.

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Harbour View Summer 2018 – Competition (r)evolution, a new dawn?

For the first time, Harbour View collates all perspectives on South East Asia’s recent competition law developments with Herbert Smith Freehills, Rajah & Tann and 20 Essex Street reviewing what could be a new dawn for the region.

In addition, Webb Henderson explains why private enforcement actions of anti-competitive conduct are so rare in Australia and how reforms may drive change, whilst our team looks at the different options to fund private actions for competition law damages and to conclude, outlines the questions we hardly ever get asked – so you can.

Enjoy the edition!

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Harbour recruits

Our origination team drives the deployment of the $1 billion of capital in the Harbour Funds. We are looking for a proven business originator to join us as a Director of Litigation Funding to source and close arbitration and litigation investment opportunities. Interested in bringing your sales expertise and specific skillset into a funder?

Click here for full details.

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Chambers & Partners ranks Harbour in Band 1 of litigation funders

Harbour is honoured to be recognised as one of the most respected and groundbreaking UK litigation funders in the newly launched ‘Professional Advisors Litigation Support’ guide published by leading legal directory Chambers & Partners. Chambers has been ranking the best lawyers since 1990, now covering 185 jurisdictions.

“It is rewarding that independent research, completed by one of the leaders in its field, recognised the elements which we view as fundamental to a successful partnership – deep funding experience, the team’s ability to accurately and quickly judge the merits of a case, plus our commitment and dedication to cases we fund – as our strengths.”

We would like to take this opportunity to thank all our clients for their continued support.

The full overview

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Harbour View Spring 2018 – Corporates

Large business today operate in a challenging, uncertain environment and are in a state of almost continual flux. Managing risk is key.

Grant Thornton sets out how dispute funding impacts a company’s finances. Nowadays, reputation has a firm place on the boardroom agenda and Coast explains why. 3VB, IPS and the team highlight litigation trends that companies should be aware of.

Last but not least, decision makers at leading corporates such as Morrisons, Lloyds  Banking Group, Aston Martin, Multiplex Australasia and rlr arbitration share what they look for in law firms.

Enjoy the edition!

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Harbour recruits

Having launched Harbour Fund IV recently, bringing the total amount of capital raised to £760 million, we are looking for experienced litigation/arbitration solicitors or barristers to join us as ‘Associate Litigation Director’ or ‘Litigation Director’ to support deployment of the Harbour Funds.

This is a rare opportunity to bring your hard-earned experience into a dynamic and fast-growing funder. For full details, click here.

We are looking forward to hearing from you.

 

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Kazakhstan Kagazy Group funded by Harbour wins $300m fraud case

On 28 February 2018, the High Court awarded judgment, including costs, in excess of $ 300m to Kazakhstan Kagazy group (KK), in a major fraud claim brought against its former management and shareholders. This final judgment followed the handing down of decision in favour of the claimant on 22 December 2017. Kazakhstan Kagazy, one of Central Asia’s largest paper and packaging manufacturers, brought its claim against its former shareholder and CEO Maksat Arip and former CFO Shynar Dikhanbayeva in 2013.

KK was advised by Mona Vaswani, Partner at Allen & Overy, who instructed Robert Howe QC, Blackstone Chambers; Jonathan Miller, 1 Essex Court’s and Daniel Saoul, 4 New Square.

Background

The judgment marked the end of a four-year, hard-fought litigation during which the Defendants sought to deploy a range of procedural tools in an attempt to resist the claims proceeding to trial, including interim applications for summary judgment and to discharge a $110m freezing order over the fraudsters’ assets, which the Claimant successfully resisted.

At an interim application before the Court of Appeal, Lord Justice Longmore observed that: “This whole litigation leaves me uneasy. The essence of the limitation defence is that the Defendants’ fraud was so obvious that KK ought to have discovered it and issued proceedings before 2013. If the Defendants ultimately succeed on that defence, they might then have achieved the ‘perfect’ fraud. The money which has been stolen…will become irrecoverable as a consequence of the judgment of the English court.”

The Defendants defrauded six companies in the Kazakhstan Kagazy group through a series of construction and land acquisition projects over a number of years, extracting funds from the group through a complex web of ostensibly independent companies which were in fact controlled by the Defendants. Defrauded funds included those raised in an IPO on the London Stock Exchange.

Outcome

In a 300-page judgment, Mr Justice Picken found in favour of Kazakhstan Kagazy, and was resounding in his criticism of the conduct of the Defendants and their witnesses, finding that “The Defendants went to considerable lengths to hide their tracks” and that Mr Arip was “a thoroughly dishonest witness” with an obvious “willingness to give misleading evidence”, who was intent “to present a thoroughly misleading picture to the Court in order to try to cover up his role in the alleged frauds”. The Judge found that the Claimants had “won so comprehensively in relation to the Claims” and ordered indemnity costs.
“This was a uniquely difficult fraud to prove. We assembled an outstanding legal team that won a tough and long-drawn-out legal battle in the London High Court.” said Hugh McGregor, General Counsel of Kazakhstan Kagazy plc.

The Claimants were funded by Harbour Fund III, LP. Ellora MacPherson, Chief Investment Officer of Harbour Litigation Funding said: “In a fiercely fought claim such as this, it is a funder’s experience of the complexities of litigation that is as important as the money in helping a Claimant secure a good result”.

For further information on the case, please contact Antoinette Willcocks at Allen & Overy by email or on +44 (0)20 3088 4638.

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Launch of £350 million Harbour Fund IV

This week we launched Harbour Fund IV with £350 million of additional capital. This brings our total funds raised to £760 million.

Our new fund gives us greater flexibility to support our clients’ needs. We are able to address every type of dispute funding whether it is:

  • seed money for investigations
  • single case funding
  • support for the largest class actions
  • portfolio funding
  • claim acquisitions
  • credit
  • providing working capital for law firms from contingent fee portfolios.

Our expert team is ready to discuss how we can build solutions to match your needs.

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