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Wednesday 9th May 2012<br />

HARBOUR LITIGATION FUNDING RAISES £120 million<br />

New closed-ended investment fund will finance UK legal cases and arbitrations<br />

<strong>Harbour</strong> <strong>Litigation</strong> <strong>Funding</strong> (<strong>Harbour</strong>) today announced that it has successfully closed a<br />

new fund, <strong>Harbour</strong> Fund II, L.P., raising £120 million <strong>of</strong> additional capital. The new fund<br />

will invest in primarily UK-based commercial legal actions and arbitrations and will be<br />

advised by <strong>Harbour</strong> <strong>Litigation</strong> <strong>Funding</strong> Ltd, which is regulated by the FSA.<br />

The new fund’s portfolio is expected to comprise over 50 cases with a minimum claim<br />

value per case <strong>of</strong> £3 million. The fund has a six-year life span, with a targeted spend <strong>of</strong><br />

over £40 million per year over its three year commitment period. Investors in the new<br />

fund include endowments, family <strong>of</strong>fices, private wealth managers and high-net worth<br />

individuals.<br />

The new fund, which follows the successful close by <strong>Harbour</strong> <strong>of</strong> a £60 million fund in<br />

2010, confirms <strong>Harbour</strong>'s position as the UK's largest litigation funder, with more than<br />

£180 million now dedicated exclusively to investment in litigation claims across its<br />

investment funds. The <strong>Harbour</strong> team reviews 25 new cases every month and last year<br />

alone invested £40 million in litigation claims having a value in excess <strong>of</strong> £1 billion.<br />

The new fund demonstrates investors' on-going appetite to invest with experienced<br />

litigation funders with a proven business and solid track record. It also reflects<br />

recognition by lawyers, corporate counsel and finance directors that funding is an<br />

important part <strong>of</strong> the litigation process. <strong>Harbour</strong> expects to see increased use <strong>of</strong> funding<br />

for commercial litigation both in the UK and in other jurisdictions as the legal pr<strong>of</strong>ession<br />

becomes increasingly comfortable with using quality funding products.<br />

The portfolio will be managed by the executive team <strong>of</strong> Susan Dunn, founder and head<br />

<strong>of</strong> litigation funding, Brett Carron, founder and chief executive, John Kingston (formerly<br />

head <strong>of</strong> litigation at Travers Smith) and Stephen O'Dowd (formerly head <strong>of</strong> commercial<br />

litigation at BT). Potential cases will be considered by an investment committee, chaired<br />

by former High Court judge, Sir Gavin Lightman, and including barristers Stephen Davies<br />

QC and Ron DeKoven and Wragge & Co director Nicola Mumford.<br />

<strong>Harbour</strong> will source the cases through its extensive network and established brand<br />

name. The <strong>Harbour</strong> team has collectively sourced and reviewed more than 1,200 cases<br />

<strong>of</strong> which it has funded about 100. The types <strong>of</strong> cases it funds include breach <strong>of</strong> contract,<br />

international arbitrations, breach <strong>of</strong> trust, unfair prejudice and shareholder disputes,<br />

competition claims, regulatory claims, tax claims, misrepresentation and fraud claims<br />

and bilateral investment treaty claims. While <strong>Harbour</strong>’s main focus is the UK, it is already<br />

funding cases in the US, Channel Islands, New Zealand and the Caribbean.


Brett Carron, Chief Executive <strong>of</strong> <strong>Harbour</strong>, said: “It’s very satisfying for us to be able to<br />

increase the opportunities we have to fund lawyers and ensure a good outcome for their<br />

clients. Our funding balances the firepower <strong>of</strong> both claimants and defendants. The<br />

regulatory environment in the UK since the publication <strong>of</strong> The Jackson Report and the<br />

formation <strong>of</strong> the Association <strong>of</strong> <strong>Litigation</strong> Funders has definitely advanced the acceptance<br />

<strong>of</strong> litigation funding to the highest levels <strong>of</strong> the judiciary."<br />

Susan Dunn, Head <strong>of</strong> <strong>Litigation</strong> <strong>Funding</strong> at <strong>Harbour</strong>, said: “The trend is only upwards.<br />

We’re seeing strong demand from in-house lawyers and finance directors at companies<br />

who are using funding strategically to lay <strong>of</strong>f litigation cost risk and preserve capital for<br />

use elsewhere in their businesses. <strong>Harbour</strong> funded claimants enjoy access to a wealth<br />

<strong>of</strong> litigation experience and our immediately accessible funds. While we expect an<br />

increase in the use <strong>of</strong> funding for commercial litigation in the UK and other jurisdictions,<br />

there is a long way to go. We estimate that only 10% <strong>of</strong> litigators have used litigation<br />

funding."<br />

Enquiries:<br />

Brett Carron<br />

+44 (0) 20 7220 2380<br />

brett.carron@harbourlf.com<br />

Susan Dunn<br />

+44 (0) 20 7220 2371<br />

susan.dunn@harbourlf.com<br />

-ends-<br />

Photographs <strong>of</strong> Susan Dunn and Brett Carron are available on request from Billie Peel on<br />

+44 (0)20 7220 2370.<br />

About <strong>Harbour</strong> <strong>Litigation</strong> <strong>Funding</strong><br />

<strong>Harbour</strong> was founded in 2007 by Susan Dunn, Brett Carron and Martin Tonnby and was<br />

one <strong>of</strong> the UK’s first litigation funders, with the origins <strong>of</strong> the business dating back to<br />

2002.<br />

<strong>Harbour</strong> is a founding member <strong>of</strong> the Association <strong>of</strong> <strong>Litigation</strong> Funders and is authorised<br />

and regulated by the Financial Services Authority. As a responsible funder, <strong>Harbour</strong><br />

ascribes to the Association’s Code <strong>of</strong> Conduct for <strong>Litigation</strong> Funders.<br />

<strong>Harbour</strong> <strong>Litigation</strong> <strong>Funding</strong> Limited is a company registered under the laws <strong>of</strong> England &<br />

Wales, company number 642478. The registered address is Kendal House, First Floor, 1<br />

Conduit Street, London, England W1S 2XA.<br />

For further information, visit: www.harbourlitigationfunding.com

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