From Law.com 23 Jun 2524 Jun 2025 15:20
"The litigation funder behind a closely watched £3 billion legal claim against Apple has seen its shares slide, after reporting a series of “adverse case outcomes”.
AIM-listed Litigation Capital Management (LCM), which is headquartered in Sydney, is funding consumer company Which? on the £3 billion claim, with Willkie Farr & Gallagher providing legal representation.
In the last week, LCM’s shares have fallen by 37.4%, dropping from 46GBX to 28.8. As of Monday 09.30 am, the value stands at 26.3. This follows an annual high of 101.5 in January.
Earlier this week, LCM announced to the London Stock Exchange that an unspecified judgment from London’s High Court “found against LCM's funded party”, and that the company had decided to “temporarily pause active marketing” of one of its funds. LCM said the investment was co-funded alongside Fund I, and that LCM itself had contributed £3.4 million of its own capital with a further £8.2 million from Fund I.
The matter speaks to the often precarious nature of litigation funding, with LCM stating that, the second half of the financial year, "the number of realisations has been modest with two successful investments and two unsuccessful investments in the period".
LCM added that it anticipated resuming marketing of the fund “in late 2025 or early 2026”.
Patrick Moloney, CEO of LCM commented: "This has been a challenging period for LCM, marked by a small number of adverse case outcomes. While the recent trial losses are clearly disappointing, we are actively applying the lessons learned to further strengthen our investment and risk processes.”
In May, LCM put out a statement in which it noted “recent online speculation regarding a potential investigation against the Company by a Dubai legal authority”. The company denied that it had been “contacted by any legal authority, either historically or recently, in relation to the allegation”.
Earlier this month, the Which? claim against Apple was given a hearing date of November 19-21 later this year for its application on whether the claim will proceed to a full trial at the Competition Appeal Tribunal.
The consumer choice company alleges that Apple effectively locked millions of its customers into the iCloud service at “rip-off prices”.
Around 40 million Apple users in the U.K. could be entitled to a payout, with individuals owed an average of over £70 depending on how long they have been paying for the service.
Willkie has been acting for Which?, with a team led by partners Boris Bronfentrinker and Elaine Whiteford. Leading competition law barristers Philip Woolfe KC and Jack Williams at Monckton Chambers have been instructed.
TO BE CONTINUED