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Whistling to a funder’s tune?

Different types of litigation funding can influence a claimant’s choice of venue, adding to the complexity of their decision making, explain Ben Pilbrow and Ruth Manson

23 August 2017

The recent decision in International Petroleum Limited and others v Osipov is interesting for several reasons. Osipov, the claimant, must have faced some difficult decisions about whom to pursue his claim against, what causes of action to advance, and how to fund it. Not only did the case confirm that individuals can be liable for dismissal-related compensation in detriment claims brought under section 47B of the Employment Rights Act (ERA), but it is also a rare example of a case in the Employment Tribunal that third-party funders would rush to fund.

Osipov had previously been CEO of International Petroleum Limited. After taking up his post, he discovered, and made protected disclosures in respect of, a number of corporate governance and compliance issues relating to bribery in Niger. As a whistleblower, Osipov was entitled to the company’s protection against any adverse consequences c...

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