Investing with Purpose.

We see litigation funding as more than an asset class.

It’s a vehicle for meaningful impact — one that aligns seamlessly with investors who value performance and principles.

Investing for strong returns and investing for a better world are not mutually exclusive. In fact, the most forward-thinking capital is now doing both.

Environmental, Social, and Corporate Governance (ESG) is not a trend — it’s a lens through which smart capital sees risk, opportunity, and responsibility. Our clients are not only stewards of wealth, but often stewards of legacy. And increasingly, they are asking the right question:

How can we grow our capital — while leaving the world in a stronger position than we found it?

Recent ESG Litigation Cases

Stolen Wages

A class action on behalf of Aboriginal and Torres Strait Islander workers who were subject to ‘protection’ legislation in the last century, seeking repayment of their wages. Commenced in September 2016 and settlement of $190m was approved by the Federal Court in December 2019. This case represents the largest human rights class action in Australia’s history bringing resolution for 11,948 First Nations people.

This class action began in September of 2016, and was a lawsuit on behalf of Aboriginal and Torres Strait Islander workers in Australia. The workers had been subject to ‘protection’ legislation from the late 1800s up to the 1970s. This wage control legislation led to tens of thousands of indigenous workers across a variety of industries never receiving their full wages, estimated to be millions of Australian dollars in total. Wage violations like these fall under the governance portion of ESG.

Litigation Lending Services offered its support to the case, which reached a settlement of $190 million in December, 2019. To date, the case is the largest human rights case in Australian history. The settlement brought resolution to more than ten thousand First Nations people.

Case illustrates the potential of ESG, and the possibilities for more ESG cases and litigation funder involvement in the future.

Source: ABC News, Various Media

Social Impact (The “S” in ESG)

Litigation funding empowers individuals and under-resourced entities to pursue meritorious legal claims — claims they might otherwise abandon due to financial constraints. By levelling the legal playing field, it supports access to justice, protection of rights, and the enforcement of ethical standards.

Environmental Litigation Funded Case

Global Emissions

A compelling example of litigation funding aligning with ESG principles is the landmark case of Lliuya v. RWE AG.

In this case, Saúl Luciano Lliuya, a Peruvian farmer, initiated legal action against RWE, Germany's largest electricity producer, alleging that the company's greenhouse gas emissions contributed to the melting of Andean glaciers, thereby increasing the flood risk to his hometown of Huaraz. The lawsuit seeks to hold RWE accountable for its share of global emissions, estimated at approximately 0.47%, and requests that the company contribute proportionally to the costs of flood defenses. This case, supported by litigation funding, exemplifies how legal finance can facilitate access to justice for individuals affected by environmental harm, reinforcing the 'E' and 'S' components of ESG by addressing climate change impacts and promoting social equity.

Source: Lliuya v. RWE AG – Wikipedia