The new U.K. action against Tesco is just the latest example of the phenomenon I described in a recent blog post, the global rise of collective investor litigation. The new Tesco action is also an illustration of a further point in that regard, which is the critical role that third-party litigation funding is playing in driving the increasing level of collective investor litigation. For example, as I noted here, Bentham Europe is also involved in one of the efforts to pursue securities litigation against VW. Litigation funding has also played an indispensable role in the growth of securities class action litigation in Canada and Australia. The availability of litigation funding is, at a minimum, helping to facilitate the rise of collective investor actions.
‘Enforcement 40’ for 2020
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