Close

Governance Retail Breach of Contract

Contractual Earn-out Dispute

The Case

This case involved a dispute over the earn-out provisions in a corporate transaction between a founder and a large private equity firm.

Why It’s Significant

The claimant had assets but lacked sufficient liquidity to fund the claim to a conclusion. With the benefit of litigation finance, the claimant was able successfully to secure a settlement.

Therium’s Solution

Therium’s funding levelled the playing field against a well-resourced defendant who would otherwise have been in a position to exhaust the claimant’s resources.

Specialism

Breach of Contract

Sector

Retail

Meet The TeamThe Team

Case Studies

Financial Services Insurance Natural Resources Breach of Contract Insolvency Insurance

Insurance Coverage Claim

The Case

The claim alleges that a global insurance company breached its contract of insurance with its client, an industrial company, by failing to pay out for losses due to Business Interruption.

The Company was placed into liquidation and the Liquidator is now pursuing the claim against the insurer. 

Why It’s Significant

The case relates to the topical issue of business interruption insurance, a source of much litigation arising out of the COVID-19 pandemic.

Therium’s Solution

Therium’s funding provides the liquidator with resources to bring the claim.

Specialism

Breach of Contract / Insurance / Insolvency  

Sector

Financial Services / Natural Resources / Insurance

Case Studies

Real Estate Breach of Contract Breach of Duty Shareholder Dispute

Shareholder Dispute

The Case

Therium funded a minority shareholder in a closely-held real estate business in a dispute with the majority shareholders.

Why It’s Significant

The litigation enabled the claimant to settle the dispute and receive a substantial financial recovery.

Therium’s Solution

Therium helped the minority shareholder identify appropriate counsel and file suit for dissolution of the various entities. Therium provided a specifically tailored economic package for the claimant.

Specialism

Shareholder Dispute / Breach of Contract / Breach of Duty

Sector

Real Estate

Meet The TeamThe Team

Case Studies

Construction Breach of Contract

Atlant Entreprenør vs. City of Oslo

The Case

Claim for breach of contract relating to a construction project in downtown Oslo between the claimant and the Municipality of Oslo. After an 8 week trial, including testimony from Henrik Jensen of Therium on how litigation funding works, the verdict from the City Court of Oslo was delivered in favour of the claimant with a net award of approx 40 million NOK. The City of Oslo did not appeal.

Why It’s Significant

This was the first case in the courts in Norway funded by a professional third party funder.

Therium’s Solution

Without Therium’s funding the claimant, a privately owned SME, would have not been able to pursue the claim.

Specialism

Breach of Contract

Sector

Construction

Case Studies

Energy Breach of Contract Insolvency

Insolvent Contractor Claim

The Case

Contractual dispute on behalf of an insolvent contractor over final settlement of Engineering, Procurement, Construction and Installation work offshore.

Why It’s Significant

With funding, the insolvency practitioner was able to engage an experienced litigator and re-start the claim which had been stayed due to the bankruptcy. Court mediation was initiated and the claim was settled successfully.

Therium’s Solution

Therium’s funding of the bankruptcy estate gave the insolvency practitioner certainty that a full litigation process through all court instances was financially feasible, facilitating early settlement.

Specialism

Breach of Contract / Insolvency

Sector

Energy

Case Studies

Social Food & Beverage Retail Breach of Contract Class Action Collective Redress Employment / Labour Equal Pay Group Litigation Law Firm funding

UK Supermarket Equal Pay

The Case

Therium is financing equal pay claims for supermarket workers for breach of ‘equality’ term implied into employment contracts via the Equality Act 2010. The claimants who are mostly female, are claiming for pay equal with their male counterparts.

Why It’s Significant

The claim against this supermarket is one of a handful of claims against UK supermarkets for unfair treatment of female employees, having received lower pay despite their work being of equal value to that of male colleagues. The claim against Asda, the most advanced of the claims against UK supermarkets, won a Supreme Court ruling in Q1 2021 determining that lower-paid shop staff (who are mostly women) can compare themselves with higher paid warehouse workers (who are mostly men). The claim seeks to compensate over 10,000 employees that have been underpaid but also helps disincentivise UK employers from breaching the Equality Act 2010.

Therium’s Solution

Therium is providing finance via a law firm funding arrangement.

Specialism

Employment / Equal Pay / Breach of Contract / Class Action / Group Litigation / Law Firm Funding / Collective Redress

Sector

Food & Beverage / Retail

Case Studies

Banking Financial Services Breach of Contract

Swaps Litigation

The Case

Therium funded the claimant company’s claim against a major bank arising out of the claimant’s purchase of an interest-rate hedging product from the bank.

Why It’s Significant

The claimant was treated as a ‘sophisticated borrower’ for the purpose of the relevant banking standards such that the case centred on broader allegations of LIBOR manipulation by the bank and its consequences for the product purchased by the claimant.

Therium’s Solution

Whilst the claimant was sufficiently liquid to have funded the proceedings itself, it chose to utilise litigation funding to lay off the litigation risk.

The case settled on favourable terms to the claimant.

Specialism

Breach of Contract

Sector

Financial Services / Banking

Meet The TeamThe Team

Case Studies

Social Food & Beverage Breach of Contract Employment / Labour

Established Food Supply Company

The Case

Therium funded a breach of contract and wrongful dismissal claim brought by the former President and CEO of the claimant business against his former employer, a food supply company based in Canada.

Why It’s Significant

The claimant found himself in a contest against his deep-pocketed employer without the financial means to pursue his claims.  Litigation finance allowed him to pursue the claim, facilitating access to justice.

Therium’s Solution

Litigation finance from Therium allowed the claimant to pursue the claim, facilitating access to justice.

Specialism

Employment / Breach of Contract 

Sector

Food & Beverage

Case Studies