Since October 2017, Balance Legal Capital has been financing proceedings in the Supreme Court of Queensland by a group of sorghum growers in Queensland and New South Wales who purchased sorghum seed allegedly contaminated with “shattercane”. Shattercane is a noxious weed that can severely damage crop yields and take many years to be completely eradicated from soil.
The case is a landmark case in Queensland, being the first class action commenced under new rules for group actions introduced in the Supreme Court on 1 March 2017.
The case is currently being brought as an “open” class action, meaning that all sorghum growers in Queensland and New South Wales that purchased affected seed are included in the action and are entitled to compensation. As at mid-February 2018, over 50 growers had registered their interest in connection with the action. Sorghum growers that may be affected can register their interest here.
Balance Legal Capital is proud to be supporting this case which is an example of third party finance being used to obtain justice and compensation for individuals who may otherwise have lacked the resources and coordination to take on a large corporation. Under the funding arrangement, Balance assumes the entire financial risk of the proceedings in exchange for a return if the case results in a recovery for growers. This arrangement avoids the need for growers, many of whom are currently under financial strain, to contribute money to support the action and bear the risk of an order to pay the defendants’ costs if the action fails.
Douglas Campbell QC and Blair Hall are counsel for the plaintiffs in the action, instructed by Creevey Russell Lawyers.
The team at Balance Legal Capital has considerable experience in relation to class actions and funding issues that arise in these types of action. Let us know if we can help.
Robert Rothkopf provided a funder’s view on group and class action proceedings in the UK for the Houthoff Class Action Survey 2024. The survey offers perspectives on class action trends in 12 jurisdictions.
Robert’s predictions for the future of class actions in the UK included the expansion of claim types that will be permitted under the opt-out jurisdiction, and confirmation of the court’s jurisdiction to order defendants to pay litigation funding costs on top of damages where defendant wrongdoing and/or litigation conduct is egregious, instead of claimant’s meeting funding costs from compensation.
Thanks to Houthoff for their initiative in leading this important research.
Balance is proud to share that we are supporting the Justice and Equity Centre (formerly the Public Interest Advocacy Centre) in its pursuit of strategic social justice litigation.
Balance is proud to support Velitor Law in their pursuit of landlords and insurance brokers for secret commissions.
Balance is proud to have been ranked again in the Chambers and Partners 2024 Litigation Support Guide in both the UK and Australia.
Robert Rothkopf, has been invited to speak at The Commercial Litigators Forum panel event discussing The Post Office Case on 12 June 2024.
Balance is a member of the Association of Litigation Funders of England & Wales. Our membership of the ALF requires us to satisfy on an ongoing basis stringent financial and capital adequacy tests and to comply with the ALF Code of Conduct.
Balance is a founding member of the Association of Litigation Funders of Australia, and a member of ILFA, the International Legal Finance Association.
Balance Legal Capital LLP is authorised and regulated by the UK’s Financial Conduct Authority.
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