Fair value of assets and liabilities | 21. Fair value of assets and liabilities Valuation methodology The fair value of financial assets and liabilities continue to be valued using the techniques set out in the accounting policies in note 2. Level 1 Level 2 Level 3 Total December 31, 2020 $’000 $’000 $’000 $’000 Assets Capital provision assets: Single case - - 642,756 642,756 Portfolio - - 1,445,990 1,445,990 Legal risk management - - 2,212 2,212 Indirect - equity securities - - 85,166 85,166 Cash management investments 11,457 5,137 - 16,594 Total assets 11,457 5,137 2,176,124 2,192,718 Liabilities Capital provision asset subparticipations - - 14,107 14,107 Loan capital, at fair value* 646,083 - - 646,083 Third-party interests in consolidated entities - - 248,581 248,581 Total liabilities 646,083 - 262,688 908,771 Net total (634,626) 5,137 1,913,436 1,283,947 * Loan capital is held at amortized cost in the consolidated financial statements, and the figures disclosed in the above tables represent the fair value equivalent amounts. The principal types of capital provision assets transacted by the Group are as follows: Single case: Capital provision assets funded by Burford that are subject to binary legal risk, such as financing the costs of a single litigation claim. Portfolio: Capital provision assets with multiple paths to recovery, such as financing a pool of litigation claims. Legal risk management: Capital provision assets where all or a portion of the financing provided by Burford is providing some form of legal risk arrangement, such as to cover an indemnity or insurance for adverse costs. Where capital is provided on a portfolio basis, Burford provides financing for a group of cases with the same counterparty on terms that tend to recognize the lower risk of loss generally associated with multi-case portfolios. Typically, the cases in the portfolio are cross collateralized, such that losses in one case can be recovered from successes in another. Cases in portfolios are underwritten and priced in a similar manner to single case capital provision assets and are expected to achieve a similar risk-adjusted return. Portfolios then allow us to originate larger volumes of assets with greater efficiency. Asset recovery capital provision assets are underwritten, structured and priced in a similar manner to our single case and portfolio capital provision assets and, as a consequence, are anticipated to have similar risk-adjusted returns. In 2020, all asset recovery assets have been reclassified as single case or portfolio. The key risk and sensitivity across all capital provision assets relates to the underlying litigation associated with each case that is underwritten and financed. The sensitivity to this Level 3 input is therefore considered to be similar across the different types of capital provision assets and is expressed as a portfolio-wide stress. Level 1 Level 2 Level 3 Total December 31, 2019 $’000 $’000 $’000 $’000 Assets Capital provision assets: Single case - - 458,340 458,340 Portfolio - - 1,241,106 1,241,106 Legal risk management - - 1,619 1,619 Asset recovery - - 86,128 86,128 Indirect - equity securities 65,780 - 192,356 258,136 Equity securities 31,396 - - 31,396 Cash management investments 37,966 - - 37,966 Total assets 135,142 - 1,979,549 2,114,691 Liabilities Financial liabilities at fair value through profit or loss 91,493 - - 91,493 Capital provision asset subparticipations - - 13,944 13,944 Loan capital, at fair value* 629,447 - - 629,447 Third-party interests in consolidated entities - - 235,720 235,720 Total liabilities 720,940 - 249,664 970,604 Net total (585,798) - 1,729,885 1,144,087 * Loan capital is held at amortized cost in the consolidated financial statements, and the figures disclosed in the above tables represent the fair value equivalent amounts. Movements in Level 3 fair value assets and liabilities The table below provides analysis of the movements in the level 3 financial assets and liabilities. Transfers Foreign At January 1, Transfers between Income for exchange At December into level 3 types Additions Realizations the period gains/(losses) 31, 2020 $’000 $’000 $’000 $’000 $’000 $’000 $’000 $’000 Single case 458,340 - 20,300 152,917 (168,639) 176,476 3,362 642,756 Portfolio 1,241,106 - 65,828 142,949 (178,018) 160,399 13,726 1,445,990 Legal risk management 1,619 - - - - 413 180 2,212 Asset recovery 86,128 - (86,128) - - - - - Indirect - equity securities 192,356 49,950 - - (173,049) 15,909 - 85,166 Total level 3 assets 1,979,549 49,950 - 295,866 (519,706) 353,197 17,268 2,176,124 Capital provision asset subparticipations (13,944) - - (224) - 61 - (14,107) Third-party interests in consolidated entities (235,720) - - (19,872) 19,862 (12,851) - (248,581) Total level 3 liabilities (249,664) - - (20,096) 19,862 (12,790) - (262,688) Transfer to At Transfers Income Foreign capital At January 1, into for the exchange provision asset December 31, level 3 Additions Realizations period gains/(losses) subparticipation $’000 $’000 $’000 $’000 $’000 $’000 $’000 $’000 Single case 217,703 - 179,727 (37,078) 97,787 201 - 458,340 Portfolio 1,058,979 - 116,232 (152,377) 209,265 (1,693) 10,700 1,241,106 Legal risk management 3,086 - - (1,762) 190 105 - 1,619 Asset recovery 42,217 - 30,439 (1,438) 13,485 1,425 - 86,128 Indirect - equity securities 108,549 210,501 149,152 (327,274) 51,428 - - 192,356 Derivative financial assets 4,154 - - - (4,154) - - - Total level 3 assets 1,434,688 210,501 475,550 (519,929) 368,001 38 10,700 1,979,549 Capital provision asset subparticipations (3,244) - - - - - (10,700) (13,944) Derivative financial liabilities (7,000) - - - 7,000 - - - Third-party interests in consolidated entities (136,959) - (167,685) 84,242 (15,318) - - (235,720) Total level 3 liabilities (147,203) - (167,685) 84,242 (8,318) - (10,700) (249,664) There were no gains or losses recognized in other comprehensive income with respect to these assets and liabilities. All transfers into and out of Level 3 are recognized as if they have taken place at the beginning of each reporting period. Transfers into Level 3 during the year of $49,950,000 (2019: $210,501,000) relate to assets where the underlying asset no longer has a quoted price and becomes subject to the Group’s valuation methodology for Level 3 financial instruments as set out in the accounting policies in note 2. Sensitivity of Level 3 valuations For the vast majority of our legal finance assets, valuation relates to objective events in the litigation process. If there have been no objective events, we typically assess the fair value of our legal finance assets to be equivalent to the cost of the asset in line with our valuation policy and the absence of an objective event impacting valuation assessment. The valuation policy assigns valuation changes in fixed ranges based on these objective events. The policy discounts the impact of the objective events commensurate with the remaining litigation risk, including both the likelihood of a positive outcome and the time required to reach that outcome. Since our legal finance assets are typically relatively short in tenor (two to three years), no additional discounting explicitly for the time value of money is typically applied; rather, the potential impact of timing is encompassed in the applicable value range. In a small number of instances, the Group has the benefit of a secondary sale of a portion of an asset. When that occurs, the market evidence is factored into the valuation process; results on portfolios with multiple fair value factors are presented based on whether the portfolios are in an overall positive or negative fair value position. The more robust the market testing of value is, the more weight that is accorded to the market price. The table below provides a stratification of our capital provision direct and indirect Level 3 assets at December 31, 2020 and 2019, into different categories of fair valuation factors (reflecting the objective litigation events) that underlie the current valuation of those assets. At December 31, 2020 Positive fair value adjustments Negative fair value adjustments Weighted Weighted Total Aggregate average (2) Maximum Minimum Total Aggregate average (7) Maximum Minimum carrying FV FV FV FV carrying FV FV FV FV value Cost adjustment adjustment (1) adjustment (1) adjustment (1) value Cost adjustment adjustment (5) adjustment (5) adjustment (5) Asset fair valuation factors $'000 $'000 $'000 % % % $'000 $'000 $'000 % % % Market transactions (4) 772,980 41,003 731,977 NA (3) NA (3) NA (3) — — — NA (3) NA (3) NA (3) Ruling or other objective pre-trial event 227,252 148,840 78,412 6,413 10,198 (37)% (60)% (32)% Trial court judgment or tribunal award 67,252 35,910 31,342 196 980 (80)% (80)% (80)% Appeal judgment 32,148 21,242 10,906 500 1,000 (50)% (50)% (50)% Settlements 88,827 64,091 24,736 12,000 29,875 (62)% (70)% (9)% Held at cost 580,190 580,190 — NA (3) NA (3) NA (3) — — — NA (3) NA (3) NA (3) Portfolios with multiple FV factors (6) 294,340 202,238 92,102 (100)% 6,152 13,186 (60)% (60)% (60)% Priced at cost plus accrued interest 72,038 60,991 11,047 NA (3) NA (3) NA (3) 13,128 14,826 NA (3) NA (3) NA (3) Other 2,213 — 2,213 495 3,280 (85)% (85)% (85)% Totals: $2,137,240 $1,154,505 $982,735 $38,884 $73,345 ($34,461) Total capital provision level 3 assets: Carrying value $’000 Cost $’000 Unrealized gain $’000 Capital provision - direct 2,090,958 1,152,033 938,925 Capital provision - indirect 85,166 75,817 9,349 Total capital provision 2,176,124 1,227,850 948,274 (1) As percentage of expected recovery above cost (2) Weighted by fair value of asset (3) Not valued based on a percentage of expected recovery (4) Although market transactions are a significant input into the valuation of these assets, the nature of these market transactions and the influence of other factors on valuation causes these assets to be characterized as Level 3 rather than Levels 1 or 2. (5) As percentage of cost (6) Portfolios where the underlying cases have multiple FV factors: If a portfolio’s cases have only one FV factor, the portfolio is categorized with that factor. FV adjustment statistics for portfolios represent the weighted average, maximum and minimum adjustments for the underlying cases in those portfolios. (7) Weighted by cost of asset At December 31, 2019 Positive fair value adjustments Negative fair value adjustments Weighted Weighted Total Aggregate average (2) Maximum Minimum Total Aggregate average (7) Maximum Minimum carrying FV FV FV FV carrying FV FV FV FV value Cost adjustment adjustment (1) adjustment (1) adjustment (1) value Cost adjustment adjustment (5) adjustment (5) adjustment (5) Asset fair valuation factors $'000 $'000 $'000 % % % $'000 $'000 $'000 % % % Market transactions(4) 773,133 39,190 733,943 NA (3) NA (3) NA (3) — — — NA (3) NA (3) NA (3) Ruling or other objective pre-trial event 71,592 51,046 20,546 9,897 18,050 (45)% (100)% (32)% Trial court judgment or tribunal award 45,367 26,092 19,275 — 980 (60)% (60)% (60)% Appeal judgment 21,431 16,242 5,189 392 6,000 (40)% (50)% (38)% Settlements 66,156 51,078 15,078 3,625 27,053 (54)% (70)% (9)% Held at cost 586,768 586,768 — NA (3) NA (3) NA (3) 12,263 — 12,263 NA (3) NA (3) NA (3) Portfolios with multiple FV factors(6) 193,900 161,984 31,916 (100)% — — — NA (3) NA (3) NA (3) Priced at cost plus accrued interest 179,147 143,610 35,537 NA (3) NA (3) NA (3) 13,209 14,826 NA (3) NA (3) NA (3) Other 1,619 — 1,619 1,050 19,088 (94)% (100)% (64)% Totals: $1,939,113 $1,076,000 $863,103 $40,436 $85,997 ($45,561) — — Total capital provision level 3 assets: Carrying value $’000 Cost $’000 Unrealized gain $000 Capital provision - direct 1,787,193 1,003,571 783,622 Capital provision - indirect 192,356 158,436 33,920 Total capital provision 1,979,549 1,162,007 817,542 (8) As percentage of expected recovery above cost (9) Weighted by fair value of asset (10) Not valued based on a percentage of expected recovery (11) Although market transactions are a significant input into the valuation of these assets, the nature of these market transactions and the influence of other factors on valuation causes these assets to be characterized as Level 3 rather than Levels 1 or 2. (12) As percentage of cost (13) Portfolios where the underlying cases have multiple FV factors: If a portfolio's cases have only one FV factor, the portfolio is categorized with that factor. FV adjustment statistics for portfolios represent the weighted average, maximum and minimum adjustments for the underlying cases in those portfolios. (14) Weighted by cost of asset Following origination, the Group engages in a semi-annual review of each capital provision asset’s fair value. At December 31, 2020, should the value of those instruments have been 10% higher or lower than provided for in the Group’s fair value estimation, while all other variables remained constant, the Group’s income and net assets would have increased and decreased respectively by $191,344,000 (2019: $172,989,000). The impact has been provided on a pre-tax basis on both income and net assets as the Group considers the fluctuation in the Group’s effective tax rate from period to period could indicate changes in sensitivity not driven by the valuation that are difficult to follow and detract from the comparability of this information. Reasonably possible alternative assumptions The determination of fair value for capital provision assets, derivative financial liabilities and asset subparticipations involve significant judgments and estimates. While the potential range of outcomes for the assets is wide, the Group’s fair value estimation is its best assessment of the current fair value of each asset. That estimate is inherently subjective, being based largely on an assessment of how individual events have changed the possible outcomes of the asset and their relative probabilities and hence the extent to which the fair value has altered. The aggregate of the fair values selected falls within a wide range of reasonably possible estimates. In the Group’s opinion there is no useful alternative valuation that would better quantify the market risk inherent in the portfolio and there are no inputs or variables to which the values of the assets are correlated. |