| Capital provision assets |
Capital provision assets Capital provision assets are financial instruments that relate to the provision of capital in connection with legal finance, which includes the Advantage Fund. The Group’s largest individual asset was its interest in the proceeds of claims brought by the Petersen and Eton Park entities against the Republic of Argentina and YPF S.A. On September 15, 2023, judgment was entered in favor of the plaintiffs resulting in a substantial increase in the balance sheet fair value of the YPF-related assets, and that value increased further in the year ended December 31, 2024 when the court ordered the turnover of certain YPF S.A.’s shares to plaintiffs. However, on March 27, 2026, the US Court of Appeals for the Second Circuit reversed on appeal the US District Court for the Southern District of New York’s entry of judgment in favor of Petersen and Eton Park in the YPF-related assets (the “YPF Judgment Reversal”) and, as a result, the balance sheet fair value of the YPF-related assets has been significantly reduced. The table below sets forth the changes in capital provision assets as of the beginning and end of the relevant reporting periods. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Three months ended June 30, | | Six months ended June 30, | | ($ in thousands) | | 2026 | | 2025 | | 2026 | | 2025 | | Beginning of period | | $ | 3,120,499 | | | $ | 5,305,021 | | | $ | 5,609,949 | | | $ | 5,243,917 | | Transfers(1) | | — | | | — | | | (23,043) | | | — | | | Deployments | | 110,076 | | | 100,304 | | | 250,023 | | | 316,780 | | | Realizations | | (148,970) | | | (90,077) | | | (250,279) | | | (378,925) | | Income/(loss) for the period(2) | | 105,779 | | | 211,186 | | | (2,393,471) | | | 336,754 | | | Foreign exchange gains/(losses) | | (2,707) | | | 18,249 | | | (8,502) | | | 26,157 | | | End of period | | 3,184,677 | | | 5,544,683 | | | 3,184,677 | | | 5,544,683 | | | | | | | | | | | | Deployed cost, end of period | | 2,566,282 | | | 2,404,992 | | | 2,566,282 | | | 2,404,992 | | | Unrealized fair value, end of period | | 618,395 | | | 3,139,691 | | | 618,395 | | | 3,139,691 | | | Total capital provision assets | | 3,184,677 | | | 5,544,683 | | | 3,184,677 | | | 5,544,683 | | 1. Relates to certain costs previously included within capital provision assets that did not meet the applicable criteria for inclusion in the fair value of those assets. These amounts have been expensed in the three months ended March 31, 2026 within “Case-related expenditures ineligible for inclusion in asset cost”. The impact of this matter was not material to the three and six months ended June 30, 2026 or any of the prior periods. | 2. Includes a capital provision loss of $2.4 billion for the six months ended June 30, 2026 relating to the YPF Judgment Reversal. |
The table below sets forth the components of the capital provision income/(loss) for the periods indicated. | | | | | | | | | | | | | | | | | | | | | | | | | | | | | Three months ended June 30, | | Six months ended June 30, | | ($ in thousands) | | 2026 | | 2025 | | 2026 | | 2025 | | Net realized gains/(losses) | | $ | 65,655 | | | $ | 40,296 | | | $ | 97,825 | | | $ | 107,915 | | | Fair value adjustment during the period, net of previously recognized unrealized gains/(losses) transferred to realized gains/(losses) | | 40,124 | | | 170,890 | | | (2,491,296) | | | 228,839 | | | Income/(loss) on capital provision assets | | 105,779 | | | 211,186 | | | (2,393,471) | | | 336,754 | | | Foreign exchange gains/(losses) | | (2,514) | | | 10,966 | | | (5,847) | | | 16,376 | | | Net income/(loss) from due from settlement of capital provision assets | | 1,250 | | | 2,303 | | | 1,820 | | | 2,955 | | | Other income/(loss) | | (3,036) | | | (291) | | | 212 | | | (405) | | | Total capital provision income/(loss) as reported in the unaudited condensed consolidated statements of operations | | 101,479 | | | 224,164 | | | (2,397,286) | | | 355,680 | |
Exchange differences arising from capital provision assets denominated in a currency other than the functional currency of the entity in which such capital provision assets are held are recognized in capital provision income/(loss) in the unaudited condensed consolidated statements of operations. All other foreign exchange translation differences arising from capital provision assets held by non-US dollar functional currency entities are recognized in other comprehensive income/(loss) in the unaudited condensed consolidated statements of comprehensive income. The currency of the primary economic environment in which an entity of the Group operates is referred to as the “functional currency” of the Group’s entity.
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