{"id":587590,"date":"2026-07-15T21:36:09","date_gmt":"2026-07-15T21:36:09","guid":{"rendered":"https:\/\/www.europesays.com\/ie\/587590\/"},"modified":"2026-07-15T21:36:09","modified_gmt":"2026-07-15T21:36:09","slug":"fintech-firm-ordered-to-disclose-the-source-of-its-funding-in-high-court-action-the-irish-times","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/ie\/587590\/","title":{"rendered":"Fintech firm ordered to disclose the source of its funding in High Court action \u2013 The Irish Times"},"content":{"rendered":"<p class=\"c-paragraph paywall \">There is a public interest in determining if a lawsuit taken by an Irish-registered fintech firm is being unlawfully funded by a third party, a <a href=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/high-court\/\">High Court<\/a> judge has held. <\/p>\n<p class=\"c-paragraph paywall \">In a judgment this week, Judge Michael Twomey ordered QPQ Ltd to make disclosures to allow the court to determine if its case against Dutch national Geert Schute was, or was not, \u201cfunded in contravention of Irish criminal law\u201d.<\/p>\n<p class=\"c-paragraph paywall \">The funding of litigation by a third party with no interest in a dispute in exchange for a share of the proceeds is known as champerty, and is illegal. <\/p>\n<p class=\"c-paragraph paywall \">QPQ Ltd, an Irish entity, brought proceedings in 2024 claiming Schute breached a shareholder agreement by copying the firm\u2019s <a href=\"https:\/\/www.irishtimes.com\/tags\/blockchain\/\" target=\"_self\" rel=\"nofollow noopener\" title=\"https:\/\/www.irishtimes.com\/tags\/blockchain\/\">blockchain<\/a> technology system and using it to develop a rival product. Schute denies the claims.<\/p>\n<p class=\"c-paragraph paywall \">Blockchain technology is a system in which information is channelled through a series of independent computers allowing, in one use case, for a decentralised financial system that does not require a central bank.<\/p>\n<p class=\"c-paragraph paywall \">In a pretrial application, Schute claimed QPQ Ltd\u2019s lawsuit was being funded by a third party, with the third party seeking to benefit from a share of the potential proceeds of the litigation. <\/p>\n<p class=\"c-paragraph paywall \">Schute sought an order directing QPQ Ltd to disclose its litigation funding arrangements. <\/p>\n<p class=\"c-paragraph paywall \">It is not in dispute that QPQ Ltd does not have the means to fund the litigation against Schute. <\/p>\n<p class=\"c-paragraph paywall \">However, QPQ Ltd denies the claim of champerty, asserting that the litigation is being funded by its parent company, QPQ AG. Funding by a parent company is allowed. <\/p>\n<p class=\"c-paragraph paywall \">Schute claims documents disclosed in the course of the litigation refers to QPQ Ltd\u2019s case being funded by a party other than QPQ AG, with the latter entity being used as a funnel for the third-party funding. <\/p>\n<p class=\"c-paragraph paywall \">In his judgment, Twomey said it seemed there was \u201ccogent evidence\u201d in these documents \u2013 including a thread of WhatsApp messages \u2013 to \u201csupport a claim that improper third-party litigation funding could have been provided in this case\u201d. <\/p>\n<p class=\"c-paragraph paywall \">In particular the messages indicate that a named individual who does not have a legitimate interest in the litigation could have provided funding, \u201calbeit that it could have been provided through QPQ AG\u201d, the judge noted.<\/p>\n<p class=\"c-paragraph paywall \">The judge noted that the messages indicated that there could be other third-party funders.<\/p>\n<p class=\"c-paragraph paywall \">For these reasons, there were grounds for ordering QPQ Ltd to disclose its litigation funding arrangement, the judge said. <\/p>\n<p class=\"c-paragraph paywall \">The judge said there was also a public interest in granting the order. \u201cThis is because there is clearly a public interest in documents being disclosed which may either support or disprove the fact that a criminal offence has been committed,\u201d the judge said. <\/p>\n<p class=\"c-paragraph paywall \">The judge noted that Ireland has five times more High Court judges per capita than England and Wales \u2013 but despite this, the \u201csheer volume\u201d of litigation is such that there are backlogs in dealing with said lawsuits. <\/p>\n<p class=\"c-paragraph paywall \">\u201cIn these circumstances, and in particular in light of these backlogs, it seems clear that any increase in litigation caused by unlawful third-party litigation funding is likely to increase the amount of litigation and exacerbate those backlogs,\u201d the judge said. <\/p>\n<p class=\"c-paragraph paywall \">The judge said he would make the disclosure order as sought by Geerte. <\/p>\n<p class=\"c-paragraph paywall \">\u201cIn this way the High Court will have more information in relation to a trial it is due to hear, regarding whether the underlying litigation was, or was not, funded in contravention of Irish criminal law. This is clearly in the public interest,\u201d he said. <\/p>\n<p class=\"c-paragraph paywall \">The case will return to court next week. <\/p>\n","protected":false},"excerpt":{"rendered":"There is a public interest in determining if a lawsuit taken by an Irish-registered fintech firm is being&hellip;\n","protected":false},"author":2,"featured_media":400823,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":"","_share_on_mastodon":"0"},"categories":[73],"tags":[13850,79,18,10476,19,17],"class_list":["post-587590","post","type-post","status-publish","format-standard","has-post-thumbnail","category-business","tag-blockchain","tag-business","tag-eire","tag-high-court","tag-ie","tag-ireland"],"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@ie\/116926151843843520","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/587590","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/comments?post=587590"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/posts\/587590\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media\/400823"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/media?parent=587590"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/categories?post=587590"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/ie\/wp-json\/wp\/v2\/tags?post=587590"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}