This case involved a whitewash report which it was said was negligently prepared by accountants, resulting in the approval of a transaction which caused the company to become insolvent shortly afterwards.
The case was pursued using litigation finance by the liquidator of the company who otherwise lacked the resources to pursue the claim.
With the benefit of litigation finance to take the case to a conclusion, the liquidator was able to commence the claim and achieve an early settlement and recoveries to the creditors.
Professional Negligence / Insolvency
Retail
Africa, Middle East, Canada, Caribbean, Latin America
+44 (0) 203 327 3464
neil.purslow@therium.com
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This case involved a dispute over the earn-out provisions in a corporate transaction between a founder and a large private equity firm.
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 funding levelled the playing field against a well-resourced defendant who would otherwise have been in a position to exhaust the claimant’s resources.
Breach of Contract
Retail
Africa, Middle East, Canada, Caribbean, Latin America
+44 (0) 203 327 3464
neil.purslow@therium.com
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The claim is for investor losses relating to Danske Bank A/S, resulting from the bank’s involvement and subsequent cover up of a money-laundering operation through its Estonian branch.
The claim is notable for the fact that it is being run in the Courts in Copenhagen.
Therium is working alongside its partner firm DRRT in order to bring the claim on behalf of institutional investors.
Securities Litigation / Class Action / Group Litigation / Investor Loss / Collective Redress
Financial Services
Africa, Middle East, Canada, Caribbean, Latin America
+44 (0) 203 327 3464
neil.purslow@therium.com
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The claim related to the Safari Workaround by which Google circumvented the default iPhone security settings in order to harvest browser generated information of users.
As the expected class of users affected exceeded 4 million, the case was brought as a representative action under Rule 19.6 of the Civil Procedure Rules. After decisions going both ways at first instance and on appeal, the Supreme Court ruled that the case could not proceed as a representative action. The decision however is important both on the scope to seek redress for breaches of data protection legislation in England and Wales and also on the potential to bring representative actions within that jurisdiction.
The case is an example of Therium’s innovative approach to securing collective redress on behalf of groups of victims affected by wrongdoing.
Securities Claim/ Shareholder Dispute / Group Litigation / Collective Redress / Investor Loss / Consumer Class Action
Technology / Data
Africa, Middle East, Canada, Caribbean, Latin America
+44 (0) 203 327 3464
neil.purslow@therium.com
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Therium is funding a class action brought before the Federal Court of Canada for damages arising from Amazon’s anti-competitive agreements with third-party sellers on the Amazon platform, which restricted those sellers from selling products on other e-commerce sites for prices lower than the prices charged on Amazon. This is alleged to have had the effect of raising prices on other e-commerce platforms and maintaining artificially high prices on the Amazon platform.
Though this claim is being brought on a standalone basis in Canada, it takes place in the context of ongoing investigations by the European Commission and other regulators into Amazon’s conduct more generally and Amazon’s practices having already been found to be anti-competitive by the German Federal Cartel Office. The funding arrangements have been approved by the Canadian Federal Court.
The claim is the highest value anti-trust class action in Canada.
The case is an example of heavy competition litigation to which Therium is able to commit significant resources, making the case one of the largest funded claims in Canadian legal history.
Consumer Class Action / Anti-trust / Competition / Collective Redress
Technology / Retail
Africa, Middle East, Canada, Caribbean, Latin America
+44 (0) 203 327 3464
neil.purslow@therium.com
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Therium is financing institutional investors’ claims against Daimler for alleged breaches of the German Securities Trading Act in failing to observe the statutory ad hoc disclosure obligations in connection with the installation of an illegal modifying device in diesel engines, causing loss to investors.
The case is an example of litigation finance being used by well-resourced financial institutions in order to recover investor losses arising from failures of corporate governance.
The group funded by Therium makes use of the Capital Markets Model Act as a means for collective redress in German securities litigation, with the Model Plaintiff a member of the group.
Securities Claim / Shareholder Dispute / Collective Redress
Automotive
Africa, Europe, Germany
+49 (0)211 2600 6550
christoph.kuzaj@therium.com
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Therium is funding a class action on behalf of the bondholders of Axsesstoday Ltd (AXL) against both AXL and PWC Securities, its former auditors.
The case, which has been filed in the Federal Court, relates to AXL’s alleged failure to explain or highlight the impact a new accounting standard would have on the Company’s financial performance in a Prospectus for corporate bonds issued in 2018. Shortly after the bonds were issued, the Company was placed into external administration.
The class action is a rare example of one pursued on behalf of bondholders. It focuses on interesting issues relating to the introduction of new accounting standards – and disclosure by listed entities of their financial impact.
Without Therium’s funding, it is unlikely that the bondholders of AXL would have the opportunity to seek compensation from AXL and PwC.
Class Actions / Bondholder Dispute / Regulatory / Group Litigation / Investor Loss / Collective Redress
Financial Services
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Therium is funding a class action on behalf of shareholders of the Commonwealth Bank of Australia Ltd. The shareholders’ case alleges breaches by the Bank between 2014 and 2017 of its continuous disclosure obligations, primarily relating to alleged breaches of the Anti-Money Laundering and Counter-Terrorism Financing Act 2006. In a case brought against the Bank by an Australian regulator, the Bank admitted to these breaches and agreed to pay a AUS $700m penalty.
Therium’s class action is running alongside another class action brought against the Bank, with both law firms acting on a co-operative basis. The combined class actions have been brought on behalf of a large number of domestic and international financial institutions who have suffered significant losses.
The case is a good example of well-resourced financial institutions using litigation finance in preference to their own capital in order to vindicate their legal rights and recover their losses.
Class Action / Group Litigation / Regulatory / Securities Litigation / Investor Loss / Shareholder Dispute / Collective Redress
Financial Services / Banking
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Therium funded a class action on behalf of institutional and retail investors of Spotless Group Holdings Limited.
The claim filed against Spotless related to alleged breaches by the Company of it’s continuous disclosure obligations under Australian securities legislation, specifically delays in correcting forward-looking earnings statements. Once these were known to be inaccurate, the Company’s share price fell significantly.
The case, which settled in May 2020 for AUS$95 million inclusive of costs, was one of Australia’s largest class action settlements in that year.
Therium’s funding benefited both retail shareholders, who would have been unable to pursue their own claims without funding, and institutional shareholders who preferred to use litigation finance to fund the claim in place of their own resources.
Class Action / Shareholders Dispute / Regulatory / Securities / Investor Loss / Collective Redress
Service Providers
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Therium is funding a class action on behalf of a large group of employees and former employees against Dominos Pizza Enterprises Limited (Dominos). The case alleges that Dominos, as the head franchisor, made alleged systemic false or misleading representations to its franchisee network in relation to wage rates and conditions applicable to employees of the franchisees from in or around 2010, which resulted in widespread underpayment of franchisee staff, predominantly pizza delivery drivers, from that time until 2018.
The Dominos Pizza lawsuit is one of the largest class actions brought to date on behalf of an employee group in Australia and has gained significant media attention.
Without Therium funding the Dominos class action, Dominos employees numbering in the thousands, would be unlikely to have been able to seek compensation for their alleged underpayment.
Class Action / Employment / Collective Redress / Labour
Food & Beverage / Retail
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