Class representatives play a pivotal role throughout the lifecycle of a collective action and the role comes with important responsibilities, as highlighted by Hodge Malek KC, a Chair of the Competition Appeal Tribunal who said, ‘Being a class representative is a huge responsibility’.
The defendant’s advisers will scrutinise and challenge the class representative, and the Competition Appeal Tribunal (CAT) will carefully assess whether their responsibilities have been fulfilled. They can find themselves not only under judicial scrutiny, but also in the glare of the media spotlight. It is therefore essential that professional class representatives appoint advisors that can enable them to withstand the most robust scrutiny.
Exton Advisors provides impartial, market-leading advice. We have deep knowledge of funding structures and class action dynamics, which helps us deploy effective risk mitigation strategies. Our proactive advice ensures that professional class representatives are prepared, knowledgeable and can demonstrate the ability to act independently and robustly acting always in the best interests of the class.
RISK MITIGATION.
"We were able to draw on the expertise of Exton Advisers to help us understand the commerciality of the funding terms and the key issues that we needed to consider. The advice was focused and timely and gave us the comfort and confidence we needed to move forward in the process"
SENIOR LEGAL COUNSEL, GLOBAL INVESTMENT MANAGEMENT FIRM
Professional class representatives must be able to demonstrate:
Comprehensive market analysis to secure best available funding terms
Independent scrutiny of funding terms
Process of negotiation of the financial and commercial funding terms
A full understanding of litigation funding agreements
Transparent and justifiable funding arrangements
Always acting in the best interests of the class
We can help you at every stage of the process, including:
Develop and shape your claim to attract external investment
Anticipate and manage conflicts between your legal team, funders and the interests of the class
Secure competitive funding and insurance for your proposed claim,
Running simulation models of the financial terms
We support class representatives by providing:
In-depth knowledge of the funding process
An independent review and explanation of the funding terms
Advise on offers received, including comparisons of pricing, impact on the class, and risk assessment
Structured reports to show transparency in funding negotiations
Guidance and oversight of decisions
Strategic negotiation advice
Preparation for CAT scrutiny and challenge scenarios
Help guide your decisions and provide ongoing oversight
Support in negotiation strategy and ensuring you can robustly justify and evidence terms entered into
Budget oversight and financial tracking
Support for funding top-ups and renegotiations
PCR advisory panel participation and strategic litigation input
WHAT PEOPLE SAY ABOUT US
“One of the most creative teams in the industry”
CHIEF INVESTMENT OFFICER, GLOBAL LITIGATION FUNDER
“Exton are not your conventional orthodox broker; they are the perfect bridge between the funding and broking worlds”
CEO, GLOBAL LITIGATION FUNDER
“Exton are a one-stop shop – we trust their judgement and they provide knowledgeable, industry focused, commercial advice”
