3Q23 Results & Quarterly Report

Burford Capital Limited
09 November 2023
 

 

November 9, 2023

 

 

BURFORD CAPITAL REPORTS NINE-MONTH AND THIRD QUARTER 2023 FINANCIAL RESULTS;

NINE-MONTH CONSOLIDATED TOTAL REVENUES INCREASED FIVEFOLD TO $794 MILLION

 

Burford Capital Limited ("Burford"), the leading global finance and asset management firm focused on law, today announces its unaudited financial results at and for the three and nine months ended September 30, 2023.1 Burford's report on Form 6-K at and for the three and nine months ended September 30, 2023, including unaudited condensed consolidated financial statements (the "3Q23 Quarterly Report"), is available at http://www.rns-pdf.londonstockexchange.com/rns/9668S_1-2023-11-9.pdf and on the Burford Capital website at http://investors.burfordcapital.com.

 

Christopher Bogart, Chief Executive Officer of Burford Capital, commented:

"Consolidated total revenues increased fivefold to $794 million in the first nine months of 2023 compared to the prior-year period, driven by significant growth in capital provision income with and without our YPF-related assets. Positive realizations' momentum has continued, with Burford-only capital provision-direct realizations up 42% in the first nine months of 2023 from the prior-year period as portfolio activity has continued. Group-wide total portfolio grew 16% in the first nine months of 2023 to $7.1 billion, benefiting from significant fair value gains and growth in deployments and undrawn commitments. In the first nine months of 2023, we have grown book value 27% to $10.10 per ordinary share, the first time in our history we have surpassed $10 per ordinary share."

 

Consolidated financial results

 

Summary statements of operations

 

 

 

 

 

Nine months ended September 30,

 

Three months ended September 30,

Consolidated (US GAAP)

($ in thousands, except per share data)

2023

2022

+/-%

 

2023

2022

+/-%

Capital provision income

1,016,113

153,166

563%


504,513

(22,579)

NM

Asset management income

5,767

7,091

-19%


1,876

1,583

19%

Total revenues

794,329

157,891

403%


368,873

(12,701)

NM

Net income/(loss) attributable to Burford Capital Limited shareholders

510,427

(51,408)

NM


272,542

(58,336)

NM

 

Per diluted ordinary share

2.33

(0.23)

NM


1.24

(0.27)

NM

 

Note: "NM" denotes non meaningful.

 









 

 








Summary statements of financial position

 

 

 

 

 

Consolidated (US GAAP)

($ in thousands, except per share data)

September 30, 2023

December 31, 2022

$ change

+/-%

Capital provision assets

4,894,648

3,735,556

1,159,092

31%

Total Burford Capital Limited equity

2,208,235

1,742,584

465,651

27%

 

Book value per ordinary share

10.10

7.97

2.13

27%

Non-controlling interests

828,877

644,486

184,391

29%

Total shareholders' equity

3,037,112

2,387,070

650,042

27%

Total liabilities and shareholders' equity

5,526,335

4,288,359

1,237,976

29%

 





 





1 In this announcement, references to (1) "3Q23" and "3Q22" are to Burford's unaudited financial results for the three months ended September 30, 2023 and 2022, respectively, and (2) "9M23"and "9M22" are to Burford's unaudited financial results for the nine months ended September 30, 2023 and 2022, respectively.

All figures in this announcement are unaudited and presented on a consolidated basis in accordance with the generally accepted accounting principles in the United States ("US GAAP"), unless otherwise stated. Definitions, reconciliations and information additional to those set forth in this announcement are available on the Burford Capital website and in the 3Q23 Quarterly Report (as defined above). In addition, Burford applied its revised valuation methodology for capital provision assets to its unaudited condensed consolidated financial statements at September 30, 2023 and for the three and nine months ended September 30, 2023 and 2022 included in this announcement. However, because Burford has not previously issued quarterly financial statements, the unaudited condensed consolidated financial statements for the three and nine months ended September 30, 2022 contained in this announcement have not historically been presented and therefore are not a restatement of previously issued unaudited condensed consolidated financial statements.

 

Burford-only operational and financial review (non-GAAP)

 

Selected metrics1

 

 

 

 

 

Nine months ended September 30,

 

Three months ended September 30,

Burford-only (non-GAAP)

($ in thousands)

2023

2022

+/-%

 

2023

2022

+/-%

Realized gains relative to cost

123,539

62,870

96%


29,145

36,269

-20%

Realizations

274,101

192,480

42%


79,158

122,278

-35%

Cash receipts2

379,732

229,472

65%


132,794

130,018

2%

Deployments

304,432

275,419

11%


55,986

153,289

-63%

New commitments

448,682

400,568

12%


17,648

105,342

-83%

1 Represents Burford-only capital provision-direct, unless noted otherwise.

2 Represents Burford-only proceeds from capital provision-direct, capital provision-indirect and asset management and other services.

 

Group-wide (non-GAAP)

($ in thousands)

September 30, 2023

December 31, 2022

$ change

+/-%

Total portfolio

7,103,559

6,146,871

956,688

16%

 















 

§

Realized gains of $124 million in 9M23 nearly doubled from the prior-year period (9M22: $63 million), with no contribution from YPF-related assets

Realized gains in 9M23 included a $37 million gain from the resolution of an asset recovery matter

§

Realizations in 9M23 up 42% to $274 million (9M22: $192 million)

Continued strength in realizations in 9M23 reflects increased portfolio velocity, as the case backlog in the courts continues to clear

§

Cash receipts in 9M23 up 65% to $380 million (9M22: $229 million)

Cash receipts in 9M23 meaningfully exceeded total operating expenses and finance costs

§

Deployments in 9M23 up 11% to $304 million (9M22: $275 million)

50% of total Burford-only capital provision-direct deployments in 9M23 related to the 2023 vintage year

§

New commitments in 9M23 up 12% to $449 million (9M22: $401 million)

§

Group-wide total portfolio increased 16% to $7.1 billion at September 30, 2023 (December 31, 2022: $6.1 billion), due to significant fair value gains and growth in deployments and undrawn commitments




 

Selected financial metrics

 

 

 

 

 

Nine months ended September 30,

 

Three months ended September 30,

Burford-only (non-GAAP)

($ in thousands, except per share data)

2023

2022

+/-%

 

2023

2022

+/-%

Total revenues

725,927

107,432

576%


344,013

(14,223)

NM

Operating income/(loss)

575,550

26,487

NM


291,212

(39,339)

NM

Net income/(loss)

510,427

(51,408)

NM


272,542

(58,336)

NM

 








Burford-only (non-GAAP)

($ in thousands, except per share data)

September 30, 2023

December 31, 2022

$ change

+/-%

Tangible book value attributable to Burford Capital Limited

2,074,311

1,608,672

456,639

29%

 

Tangible book value attributable to Burford Capital Limited per ordinary share

9.48

7.36

2.12

29%

 






 

§

Total revenues in 9M23 of $726 million (9M22: $107 million), a driver of significant earnings improvement

Growth in realized and unrealized gains, excluding YPF-related assets, from increased case resolutions and milestone developments

Realized gains on total capital provision assets of $125 million in 9M23 nearly doubled compared to 9M22, with no contribution from YPF-related assets

Unrealized gains, excluding YPF-related assets, on total capital provision assets increased 78% in 9M23 compared to 9M22, showing portfolio activity

Favorable summary judgment in 1Q23 and favorable final judgment in 3Q23 in YPF-related assets generated $460 million in unrealized gains in 9M23

§

Operating income in 9M23 of $576 million (9M22: $26 million), reflecting growth in total revenues

Operating expenses in 9M23 of $150 million (9M22: $81 million) reflect strong portfolio performance and certain idiosyncratic events-increase driven primarily by non-cash increase in long-term incentive compensation including accruals from unrealized gains on YPF-related assets and legacy asset recovery incentive compensation including accruals


-

Long-term incentive compensation is only paid once cash recoveries are received


-

Only one eligible asset recovery asset remains

Salaries and benefits and general, administrative and other expenses only slightly higher after certain noted items in 9M23 compared to 9M22

Legacy asset recovery incentive compensation including accruals and case-related expenditures ineligible for inclusion in asset cost continue to be idiosyncratic

§

Net income in 9M23 of $510 million (9M22: Net loss of $51 million)

Net income per diluted share in 9M23 of $2.33 (9M22: Net loss of $0.23 per diluted share)

§

Tangible book value attributable to Burford Capital Limited of $2,074 million at September 30, 2023 (December 31, 2022: $1,609 million)

Tangible book value attributable to Burford Capital Limited per ordinary share increased 29% (38% annualized) to $9.48 at September 30, 2023 (December 31, 2022: $7.36), primarily reflecting strong earnings

§

Annualized Burford-only ROTE for 9M23 of 37%





 

Selected portfolio metrics

 

 

 

 

 

Burford-only

($ in thousands)

September 30, 2023

December 31, 2022

$ change

+/-%

Deployed cost

1,644,661

1,486,150

158,511

11%

Plus: Fair value adjustments

1,661,153

1,117,855

543,298

49%

Fair value

3,305,814

2,604,005

701,809

27%

Undrawn commitments

1,372,555

1,299,048

73,507

6%

Total capital provision-direct portfolio

4,678,369

3,903,053

775,316

20%

Total capital provision portfolio1

4,721,9262

3,942,7003

779,226

20%

1 Represents capital provision-direct and capital provision-indirect.

2 The fair value of Burford-only capital provision-indirect assets does not include $0.4 million of our interests in the Strategic Value Fund. All assets held at the Strategic Value Fund have concluded at September 30, 2023.

3 The fair value of $31.4 million for the Burford-only capital provision-indirect assets did not include an additional $1.0 million for the Burford-only portion of the receivable from due from settlement of capital provision assets on concluded assets in the Strategic Value Fund for a total fair value of $32.4 million for Burford-only capital provision-indirect assets.

 

 

§

Fair value of Burford-only capital provision-direct assets increased $702 million to $3.3 billion at September 30, 2023 (December 31, 2022: $2.6 billion)

§

Of the $702 million increase in capital provision-direct asset fair value in 9M23, $463 million attributable to the YPF-related assets

§

Cumulative ROIC since inception from Burford-only capital provision-direct assets of 87% (December 31, 2022: 88%) and IRR of 27% (December 31, 2022: 29%)

 

Liquidity and capital

 

 

 

 

 

Burford-only (non-GAAP)

($ in thousands)

September 30, 2023

December 31, 2022

$ change

+/-%

Liquidity





 

Cash and cash equivalents

240,028

73,679

166,349

226%

 

Marketable securities

107,006

136,358

(29,352)

-22%

 

Total liquidity

347,034

210,037

136,997

65%

Due from settlement of capital provision assets

69,530

114,650

45,120

-39%

 





 

§

Burford-only cash and cash equivalents and marketable securities of $347 million at September 30, 2023 (December 31, 2022: $210 million)

Strong liquidity position at September 30, 2023 primarily reflects continued solid Burford-only cash receipts and issuance of $400 million in senior notes in June 2023, partially offset by the redemption in full of the 6.125% bonds due 2024 in July 2023

Liquidity levels enable us to take advantage of new opportunities, while recognizing the variability of cash inflows

§

Burford-only due from settlement of capital provision assets of $70 million at September 30, 2023 (December 31, 2022: $115 million)

§

Total debt outstanding of $1.6 billion at September 30, 2023 (December 31, 2022: $1.3 billion)

Leverage decreased in 9M23, primarily driven by asset and equity growth and remains well below covenant ceiling levels

In June 2023, Moody's revised its outlook on its Ba2 rating to positive from stable

In October 2023, S&P revised its outlook on its BB- rating to positive from stable




 

Investor and Analyst Conference Call

 

Burford will hold a conference call for investors and analysts at 10.00am EST / 3.00pm GMT on Thursday, November 9, 2023. The dial-in number for the conference call is +1 646 664-1960 (USA) / +44 (0)20 4587 0498 (UK) / +44 (0)20 3936 2999 (all other locations) and the access code is 151405. To minimize the risk of delayed access, participants are urged to dial into the conference call by 9.40am EST / 2.40pm GMT.

 

A live webcast of the call will also be available at https://www.investis-live.com/burfordcapital/65044c3f673c270c008a5d08/3q23-results, and pre-registration at that link is encouraged.

 

An accompanying 3Q23 and 9M23 results presentation for investors and analysts will also be made available on the Burford Capital website prior to the conference call at http://investors.burfordcapital.com.

 

Following the conference call, a replay facility for this event will be available until Thursday, November 23, 2023 by dialing +1 845 709-8569 (USA) / +44 (0)20 3936 3001 (UK) / +44 (0)20 3936 3001 (all other locations) and using the replay access code 241638. A replay facility will also be accessible through the webcast at .

 

 

For further information, please contact:

 

Burford Capital Limited


For investor and analyst inquiries:


Robert Bailhache, Head of Investor Relations, EMEA and Asia - email

+44 (0)20 3530 2023

Jim Ballan, Head of Investor Relations, Americas - email

+1 (646) 793 9176

For press inquiries:


David Helfenbein, Vice President, Public Relations - email

+1 (212) 235 6824



Deutsche Numis - NOMAD and Joint Broker

+44 (0)20 7260 1000

Giles Rolls


Charlie Farquhar




Jefferies International Limited - Joint Broker

+44 (0)20 7029 8000

Graham Davidson


James Umbers




Berenberg - Joint Broker

+44 (0)20 3207 7800

Toby Flaux


James Thompson


Yasmina Benchekroun


 

 

About Burford Capital

Burford Capital is the leading global finance and asset management firm focused on law. Its businesses include litigation finance and risk management, asset recovery and a wide range of legal finance and advisory activities. Burford is publicly traded on the New York Stock Exchange (NYSE: BUR) and the London Stock Exchange (LSE: BUR), and it works with companies and law firms around the world from its offices in New York, London, Chicago, Washington, DC, Singapore, Dubai, Sydney and Hong Kong.

 

For more information, please visit www.burfordcapital.com.

 

 

Summary Financial Statements and Reconciliations

 

The tables below set forth summaries of the condensed consolidated and Burford-only statements of operations for the three and nine months ended September 30, 2023 and 2022, the condensed consolidated and Burford-only statements of financial position at September 30, 2023 and December 31, 2022 and corresponding reconciliations from consolidated to Burford-only financial results. Furthermore, the tables below set forth certain additional reconciliations for financial information contained in this announcement.

 

Summary condensed consolidated statements of operations

 


Three months ended September 30,

 

Nine months ended September 30,

($ in thousands)


2023


2022

 

2023

 

2022

 


 


 

 

 

 

 

Revenues









Capital provision income/(loss)


 504,513


 (22,579)


 1,016,113


 153,166

(Less)/Plus: Third-party interests in capital

provision assets


 (140,412)


 11,910


 (235,944)


 12,128

Asset management income


 1,876


 1,583


 5,767


 7,091

Services and other income/(loss)


2,896


(3,615)


8,393


(14,494)

   Total revenues


 368,873


 (12,701)


 794,329


 157,891










Total operating expenses


 53,068


 25,319


 150,999


 82,146

 









Operating income/(loss)


 315,805


 (38,020)


 643,330


 75,745

 









Finance costs and loss on debt extinguishment


29,013


20,335


70,690


57,812

Foreign currency transactions (gains)/losses


(9,811)


6,328


(21,149)


9,386

 









Income/(loss) before income taxes


 296,603


 (64,683)


 593,789


 8,547

 









Benefit from/(provision for) income taxes


 531


 7,562


 (15,550)


 (10,804)

Net income/(loss)


 297,134


 (57,121)


 578,239


 (2,257)










Net income/(loss) attributable to Burford Capital Limited shareholders


 272,542


 (58,336)


 510,427


 (51,408)

 









Net income/(loss) attributable to Burford Capital Limited shareholders per ordinary share









Basic


 $1.24


$(0.27)


 $2.33


 $(0.23)

Diluted


 $1.22


$(0.27)


 $2.29


 $(0.23)

 

Summary Burford-only statement of operations

 


Three months ended September 30,

Nine months ended September 30, 

($ in thousands)


2023


2022

 

2023

 

2022

 


 


 

 

 

 

 

Revenues









Capital provision income


324,995


(15,335)


676,402


80,442

Asset management income


16,141


4,559


41,182


41,322

Services and other income


2,877


(3,447)


8,343


(14,332)

   Total revenues


344,013


(14,223)


725,927


107,432










Operating income


291,212


(39,339)


575,550


26,487

 









Net income


272,542


(58,336)


510,427


(51,408)










Net income per share:









Basic


 $1.24


 $(0.27)


 $2.33


 $(0.23)

Diluted


 $1.22


 $(0.27)


 $2.29


 $(0.23)

 

Reconciliation of summary condensed consolidated statement of operations to summary Burford-only statement of operations


Three months ended September 30, 2023

 

(GAAP)

(Non-GAAP)

 


Elimination of third-party interests

 

($ in thousands)

Consolidated

Strategic Value Fund

BOF-C

Colorado

Advantage Fund

Other

Burford-only

Capital provision income

 504,513

 (845)

 (36,193)

 (140,690)

 (8,368)

 6,578

 324,995

(Less): Third-party interests in capital provision assets

 (140,412)

 -

 -

 140,699

 -

 (287)

 -

Asset management income

 1,876

 16

 14,249

 -

 -

 -

 16,141

Services and other income/(loss)

2,896

(1)

(3)

-

-

(15)

2,877

   Total revenues

368,873

 (830)

 (21,947)

 9

 (8,368)

 6,276

 344,013









Operating income

 315,804

 (193)

 (22,020)

 -

 (8,292)

 5,912

 291,212









Net income/(loss)

 297,133

 (193)

 (22,020)

 -

 (8,292)

 5,913

 272,542


 


Three months ended September 30, 2022

 

(GAAP)

(Non-GAAP)

 


Elimination of third-party interests

 

($ in thousands)

Consolidated

Strategic Value Fund

BOF-C

Colorado

Advantage Fund

Other

Burford-only

 

Capital provision income

 (22,579)

 6,138

 (11,090)

 12,070

 95

 31

 (15,335)

 

Plus: Third-party interests in capital provision assets

 11,910

 -

 -

 (12,060)

 -

 150

 -

 

Asset management income

 1,583

 48

 2,928

 -

 -

 -

 4,559

 

Services and other (loss)/income

(3,615)

183

 -

 -

 -

(15)

(3,447)

 

   Total revenues

 (12,701)

 6,369

 (8,162)

 10

 95

 166

 (14,223)

 









 

Operating income

 (38,020)

 6,479

 (8,209)

 -

 207

 204

 (39,339)

 









 

Net income/(loss)

 (57,121)

 6,479

 (8,208)

 -

 207

 307

 (58,336)

 













 


Nine months ended September 30, 2023

 

(GAAP)

(Non-GAAP)

 


Elimination of third-party interests

 

($ in thousands)

Consolidated

Strategic Value Fund

BOF-C

Colorado

Advantage Fund

Other

Burford-only

Capital provision income

 1,016,113

 (1,052)

(84,429)

 (235,731)

 (20,373)

 1,874

 676,402

(Less): Third-party interests in capital provision assets

 (235,944)

 -

 -

 235,710

 -

 234

 -

Asset management income

 5,767

 108

 35,307

 -

 -

 -

 41,182

Services and other income

8,393

(1)

(5)

 -

 -

(44)

8,343

   Total revenues

 794,329

 (945)

(49,127)

 (21)

 (20,373)

 2,064

 725,927









Operating income

 643,329

 (12)

(49,417)

 -

 (20,094)

 1,743

 575,550









Net income/(loss)

 578,238

 (12)

(49,417)

 -

 (20,094)

 1,711

 510,427

 


Nine months ended September 30, 2022

 

(GAAP)

(Non-GAAP)

 


Elimination of third-party interests

 

($ in thousands)

Consolidated

Strategic Value Fund

BOF-C

Colorado

Advantage Fund

Other

Burford-only

Capital provision income

 153,166

 3,861

(85,265)

 12,568

 (223)

 (3,665)

 80,442

Plus: Third-party interests in capital provision assets

 12,128

 -

 -

 (12,570)

 -

 442

 -

Asset management income

 7,091

 266

 33,965

 -

 -

 -

 41,322

Services and other income

(14,494)

183

 -

 -

 -

(21)

(14,332)

   Total revenues

 157,891

 4,310

(51,300)

 (2)

 (223)

 (3,244)

 107,432









Operating income

 75,745

 5,122

(51,409)

 -

 130

 (3,101)

 26,487









Net income/(loss)

 (2,257)

 5,122

(51,408)

 -

 130

 (2,995)

 (51,408)

 

Reconciliation of capital provision income excluding YPF-related assets






($ in thousands)

 

Three months ended

September 30, 2023

 

Nine months ended

September 30, 2023

Capital provision income


 504,513


 1,016,113

Less: Capital provision income from YPF-related assets


 (417,920)


 (695,238)

Capital provision income excluding YPF-related assets


 86,593


 320,875

 

Summary condensed consolidated statement of financial position






 

 

At

($ in thousands)

 

 September 30, 2023

 

 December 31, 2022

 

 

 

 

 

Total assets


 5,526,335


 4,288,359






Total liabilities


 2,489,223


 1,901,289






Total Burford Capital Limited equity


 2,208,235

 

 1,742,584






Non-controlling interests

 

 828,877

 

 644,486






Total shareholders' equity

 

 3,037,112

 

 2,387,070

 

 

 

 

 

Basic ordinary shares outstanding


218,698,930


 218,581,877

 

 

 

 

 

Total shareholders' equity attributable to Burford Capital Limited per basic ordinary share

 

$10.10

 

 $7.97

Total shareholders' equity per basic ordinary share

 

$13.89

 

 $10.92

 

Reconciliation of summary condensed consolidated statement of financial position to summary Burford-only statement of financial position


 


At September 30, 2023

 

(GAAP)

(Non-GAAP)

 


Elimination of third-party interests

 

($ in thousands)

Consolidated

Strategic Value Fund

BOF-C

Colorado

Advantage Fund

Other

Burford-only

 








Total assets

5,526,335

 (260)

 (581,980)

 (644,955)

 (189,490)

 (73,984)

 4,035,666









Total liabilities

 2,489,223

 (199)

-

 (644,955)

 (60)

 (16,578)

 1,827,431









Total shareholders' equity

 3,037,112

 (61)

 (581,980)

 -

 (189,430)

 (57,406)

 2,208,235

 


At December 31, 2022

 

(GAAP)

(Non-GAAP)

 


Elimination of third-party interests

 

($ in thousands)

Consolidated

Strategic Value Fund

BOF-C

Colorado

Advantage Fund

Other

Burford-only

 








Total assets

4,288,359

(2,779)

(477,590)

(409,249)

(103,523)

(76,792)

3,218,426









Total liabilities

1,901,289

(228)

(4,234)

(409,249)

(120)

(11,616)

1,475,842









Total shareholders' equity

2,387,070

(2,551)

(473,356)

-

(103,403)

(65,176)

1,742,584

 

Reconciliation of components of realizations from a consolidated basis to a Group-wide basis


Three months ended September 30, 2023

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

 BOF-C 

Group-wide

Capital provision-direct

 89,162


 (10,004)

 79,158

 16,539

 12,243

 107,940

Capital provision-indirect

 19,575


 (6,228)

 13,347

 6,228

 -

 19,575

Post-settlement

 -


 -

 -

 20,050

 -

 20,050

Total realizations

 108,737

 

 (16,232)

 92,505

 42,817

 12,243

 147,565

 


Three months ended September 30, 2022

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 160,224


 (37,946)

 122,278

 78,455

 37,224

 237,957

Capital provision-indirect

 8,345


 (4,758)

 3,587

 7,847

 -

 11,434

Post-settlement

 -


 -

 -

 12,146

 -

 12,146

Total realizations

 168,569

 

 (42,704)

 125,865

 98,448

 37,224

 261,537

 


Nine months ended September 30, 2023

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 335,414


 (61,313)

 274,101

 89,915

 64,994

 429,010

Capital provision-indirect

 59,219


 (39,317)

 19,902

 39,002

 -

 58,904

Post-settlement

 -


 -

 -

 118,307

 -

 118,307

Total realizations

 394,633

 

 (100,630)

 294,003

 247,224

 64,994

 606,221

 


Nine months ended September 30, 2022

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 236,204


 (43,724)

 192,480

 102,836

 49,543

 344,859

Capital provision-indirect

 20,811


 (11,125)

 9,686

 25,749

 -

 35,435

Post-settlement

 -


 -

 -

 50,449

 -

 50,449

Total realizations

 257,015

 

 (54,849)

 202,166

 179,034

 49,543

 430,743

Reconciliation of components of deployments from a consolidated basis to a Group-wide basis


Three months ended September 30, 2023

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 69,690


 (13,704)

 55,986

 4,379

 21,819

 82,184

Capital provision-indirect

 32,257


 (26,881)

 5,376

 26,881

-

 32,257

Post-settlement

 -


 -

 -

 7,466

-

 7,466

Total deployments

 101,947

 

 (40,585)

 61,362

 38,726

 21,819

 121,907

 


Three months ended September 30, 2022

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 197,916


 (44,627)

 153,289

 6,277

 45,155

 204,721

Capital provision-indirect

 9,653


 (7,923)

 1,730

 8,422

 -

 10,152

Post-settlement

 -


 -

 -

 7,419

 -

 7,419

Total deployments

 207,569

 

 (52,550)

 155,019

 22,118

 45,155

 222,292

 


Nine months ended September 30, 2023

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 401,215


 (96,783)

 304,432

 17,362

 97,775

 419,569

Capital provision-indirect

 145,051


 (120,876)

 24,175

 120,876

 -

 145,051

Post-settlement

 -


 -

 -

 43,272

 -

 43,272

Total deployments

 546,266

 

 (217,659)

 328,607

 181,510

 97,775

 607,892

 


Nine months ended September 30, 2022

 

(GAAP)

 

(Non-GAAP)

($ in thousands)

Consolidated

 

Eliminations and adjustments

 Burford-only 

Other funds

 BOF-C 

Group-wide

Capital provision-direct

 381,482


 (106,063)

 275,419

 20,944

 105,459

 401,822

Capital provision-indirect

 29,829


 (24,699)

 5,130

 25,198

 -

 30,328

Post-settlement

 -


 -

 -

 50,571

 -

 50,571

Total deployments

 411,311

 

 (130,762)

 280,549

 96,713

 105,459

 482,721

 

Reconciliation of consolidated proceeds from capital provision assets to Burford-only cash receipts

($ in thousands)

 

Nine months ended September 30, 2023

Nine months ended September 30, 2022

Consolidated proceeds from capital provision assets


 440,154

 282,322

Less: Elimination of third-party interests


 (94,587)

 (70,137)

Burford-only total proceeds from capital provision assets

 

 345,567

 212,185

Burford-only proceeds from capital provision-direct assets


 319,236

 202,499

Burford-only proceeds from capital provision-indirect assets


 26,331

 9,686

Burford-only total proceeds from capital provision assets

 

 345,567

 212,185

Consolidated asset management income


 5,767

 7,091

Plus: Eliminated income from funds


 35,415

 34,231

Burford-only asset management income

 

 41,182

 41,322

Less: Non-cash adjustments(1)


 (12,137)

 (29,527)

Burford-only proceeds from asset management income

 

 29,045

 11,795

Burford-only proceeds from marketable security interest and dividends


 3,625

 1,845

Burford-only proceeds from asset recovery fee for services


 (38)

 629

Burford-only proceeds from insurance receipts


 1,533

 3,018

Burford-only proceeds from asset management and other services

 

 34,165

 17,287

Cash receipts

 

 379,732

 229,472

(1) Adjustments for the change in asset management receivables accrued during the applicable period but not yet received at the end of such period.

 

Reconciliation of consolidated portfolio to Group-wide portfolio




($ in thousands)

At September 30, 2023

At December 31, 2022

Consolidated fair value

 4,894,648

                    3,735,556

Consolidated undrawn commitments

1,811,824

                    1,720,727




Eliminations of third-party interests:



Less: Attributable to fair value

(1,550,901)

                   (1,100,137)

Less: Attributable to undrawn commitments

(433,645)

                      (413,446)




Burford-only fair value

3,343,747

                    2,635,419

Burford-only undrawn commitments

1,378,179

                    1,307,281

Burford-only portfolio

4,721,926

                    3,942,700


 

 

Other funds fair value

1,135,257

                    1,076,320

Other funds undrawn commitments

203,004

                       239,145

Other funds portfolio

1,338,261

                    1,315,465




BOF-C fair value

638,432

                       516,982

BOF-C undrawn commitments

404,940

                       371,724

BOF-C portfolio

1,043,372

                       888,706

 

 

 

Total group-wide portfolio

7,103,559

                    6,146,871

 

Reconciliation of consolidated to Burford-only cash and cash equivalents and marketable securities


At September 30, 2023

 

At December 31, 2022

 

(GAAP)

(Non-GAAP)

 

(GAAP)

(Non-GAAP)

($ in thousands)

Consolidated

Elimination of third-party interests

Burford-only

 

Consolidated

Elimination of third-party interests

Burford-only

Cash and cash equivalents

255,568

(15,540)

240,028


107,658

(33,979)

73,679

Marketable securities

107,006

-

107,006


136,358

-

136,358

Total cash and cash equivalents and marketable securities

362,574

(15,540)

347,034

 

244,016

(33,979)

210,037

 

Reconciliation of consolidated to Burford-only capital provision assets


At September 30, 2023

 

At December 31, 2022

 

(GAAP)

(Non-GAAP)

 

(GAAP)

(Non-GAAP)

($ in thousands)

Consolidated

Elimination of third-party interests

Burford-only

 

Consolidated

Elimination of third-party interests

Burford-only

YPF-related assets

1,931,013

(645,245)

1,285,768


1,232,549

(409,514)

823,035

Other assets

2,963,635

(905,225)

2,058,410


2,503,007

(689,602)

1,813,405

Capital provision assets

4,894,648

(1,550,470)

3,344,178

 

3,735,556

(1,099,116)

2,636,440

 

Reconciliation of consolidated to Burford-only due from settlement of capital provision assets


At September 30, 2023

 

At December 31, 2022

 

(GAAP)

(Non-GAAP)

 

(GAAP)

(Non-GAAP)

($ in thousands)

Consolidated

Elimination of third-party interests

Burford-only

 

Consolidated

Elimination of third-party interests

Burford-only

Due from settlement of capital provision assets

71,284

(1,754)

69,530


116,582

(1,932)

114,650

 

Reconciliation of consolidated to Burford-only realized gains on capital provision-direct assets


Three months ended September 30, 2023

 

Three months ended September 30, 2022

 

(GAAP)

(Non-GAAP)

 

(GAAP)

(Non-GAAP)

($ in thousands)

Consolidated

Eliminations and adjustments

Burford-only

 

Consolidated

Eliminations and adjustments

Burford-only

Realized gains relative to cost

37,566

(7,440)

30,126


51,769

(15,288)

36,481

 


Nine months ended September 30, 2023

 

Nine months ended September 30, 2022

 

(GAAP)

(Non-GAAP)

 

(GAAP)

(Non-GAAP)

($ in thousands)

Consolidated

Eliminations and adjustments

Burford-only

 

Consolidated

Eliminations and adjustments

Burford-only

Realized gains relative to cost

171,331

(46,811)

124,520


85,809

(21,853)

63,956

 

Reconciliation of shareholders' equity attributable to Burford Capital Limited per ordinary share






($ in thousands, except share data)

    

At September 30, 2023

 

At December 31, 2022

Total shareholders' equity


3,037,112


 2,387,070

   Less: Non-controlling interests


(828,877)


 (644,486)

Total Burford Capital Limited equity

 

2,208,235

 

 1,742,584

Basic ordinary shares outstanding


218,698,930


 218,581,877

Shareholders' equity attributable to Burford Capital Limited per ordinary share

 

$10.10

 

 $7.97

 

Reconciliation of tangible book value attributable to Burford Capital Limited per ordinary share






($ in thousands, except share data)

    

At September 30, 2023

 

At December 31, 2022

Total Burford Capital Limited equity


2,208,235


 1,742,584

   Less: Goodwill


(133,924)


 (133,912)

Tangible book value attributable to Burford Capital Limited

 

2,074,311

 

 1,608,672

Basic ordinary shares outstanding


218,698,930


 218,581,877

Tangible book value attributable to Burford Capital Limited per ordinary share

 

$9.48

 

 $7.36

 

 

Definitions and Use of Non-GAAP Financial Measures and Alternative Performance Measures

 

Burford reports its financial results in accordance with US GAAP. US GAAP requires us to present financial statements that consolidate some of the limited partner interests in private funds we manage as well as assets held on our balance sheet where we have a partner or minority investor. We therefore refer to various presentations of our financial results as follows:

 

•    

Consolidated refers to assets, liabilities and activities that include those third-party interests, partially owned subsidiaries and special purpose vehicles that we are required to consolidate under US GAAP. At the date of this announcement, the major entities where there is also a third-party partner in, or owner of, those entities include BCIM Strategic Value Master Fund, LP, Burford Opportunity Fund C LP, Burford Advantage Master Fund LP, Colorado Investments Limited ("Colorado") and several other entities in which Burford holds investments where there is also a third-party partner in, or owner of, those entities.

•    

Burford-only refers to assets, liabilities and activities that pertain only to Burford on a proprietary basis, excluding any third-party interests and the portions of jointly owned entities owned by others.

•    

Group-wide refers to the totality of assets managed by Burford, including those portions of the private funds owned by third parties and including private funds that are not consolidated within Burford's consolidated financial statements. Group-wide is therefore the sum of Burford-only and non-controlling interests in consolidated and non-consolidated private funds. Group-wide does not include third-party interests in capital provision assets, the economics of which have been sold to those third parties, that do not meet the criteria to be recognized as a sale under US GAAP. This includes the third-party interests in Colorado and other capital provision asset subparticipations.

 

We subdivide our capital provision assets into two categories:

 

•    

Direct, which includes all of our capital provision assets that we have originated directly (i.e., not through participation in a private fund) from our balance sheet. We also include direct (i.e., not through participation in a private fund) complex strategies assets in this category.

•    

Indirect, which includes our balance sheet's participations in two of our private funds (i.e., BCIM Strategic Value Master Fund, LP and Burford Advantage Master Fund LP).

 

We also use certain unaudited alternative performance measures, including:

 

•    

Internal rate of return ("IRR") is a discount rate that makes the net present value of a series of cash flows equal to zero and is expressed as a percentage figure. We compute IRR on concluded (including partially concluded) legal finance assets by treating that entire portfolio (or, when noted, a subset thereof) as one undifferentiated pool of capital and measuring actual and, if necessary, estimated inflows and outflows from that pool, allocating costs appropriately. IRRs do not include unrealized gains or losses.

•    

Return on invested capital ("ROIC") from a concluded asset is the absolute amount of realizations from such asset in excess of the amount of expenditure incurred in funding such asset divided by the amount of expenditure incurred, expressed as a percentage figure. ROIC is a measure of our ability to generate absolute returns on our assets. Some industry participants express returns on a multiple of invested capital ("MOIC") instead of a ROIC basis. MOIC includes the return of capital and, therefore, is 1x higher than ROIC. In other words, 70% ROIC is the same as 1.70x MOIC.

 

Other unaudited alternative performance measures and terms we use include:

 

•    

Commitment is the amount of financing we agree to provide for a legal finance asset. Commitments can be definitive (requiring us to provide funding on a schedule or, more often, when certain expenses are incurred) or discretionary (allowing us to provide funding after reviewing and approving a future matter). Unless otherwise indicated, commitments include deployed cost and undrawn commitments.

•    

Deployment refers to the funding provided for an asset, which adds to our deployed cost in such asset.

•    

Deployed cost is the amount of funding we have provided for an asset at the applicable point in time.

•    

Fair value adjustment is the amount of unrealized gain or loss recognized in our consolidated statements of operations in the relevant period and added to or subtracted from, as applicable, the asset or liability value in our consolidated statements of financial position.

•    

Portfolio includes deployed cost, net unrealized gains or losses and undrawn commitments.

•    

Realization: A legal finance asset is realized when the asset is concluded (i.e., when litigation risk has been resolved). A realization will result in us receiving cash or, occasionally, non-cash assets or recognizing a due from settlement receivable, reflecting what we are owed on the asset.

•    

Realized gain / loss reflects the total amount of gain or loss generated by a legal finance asset when it is realized, calculated as realized proceeds less deployed cost, without regard for any previously recognized fair value adjustment.

•    

Unrealized gain / loss represents the fair value of our legal finance assets over or under their funded cost, as determined in accordance with the requirements of the applicable US GAAP standards, for the relevant financial reporting period (consolidated statement of operations) or cumulatively (consolidated statement of financial position).

•    

YPF-related assets refers to our Petersen and Eton Park legal finance assets, which are two claims relating to Republic of Argentina's nationalization of YPF S.A., the Argentine energy company.

 

We also use certain non-GAAP financial measures, including:

 

•    

Book value per ordinary share is calculated by dividing total Burford Capital Limited equity by the number of ordinary shares issued and outstanding.

•    

Cash receipts provide a measure of the cash that our capital provision and other assets generate during a given period as well as cash from certain other fees and income. In particular, cash receipts represent the cash generated from capital provision and other assets, including cash proceeds from realized or concluded assets and any related hedging assets, and cash received from asset management income, services and/or other income, before any deployments into funding existing or new assets. Cash receipts are a non-GAAP financial measure and should not be considered in isolation from, as a substitute for, or superior to, financial measures calculated in accordance with US GAAP. The most directly comparable measure calculated in accordance with US GAAP is proceeds from capital provision assets as set forth in our consolidated statements of cash flows. We believe that cash receipts are an important measure of our operating and financial performance and are useful to management and investors when assessing the performance of our Burford-only capital provision assets.

•    

Return on tangible equity ("ROTE") is Burford-only net income/(loss) divided by the average of tangible equity at the beginning and end of the relevant period, with tangible equity calculated as total Burford Capital Limited equity less goodwill. ROTE is a non-GAAP financial measure and should not be considered in isolation from, as a substitute for, or superior to, financial measures calculated in accordance with US GAAP. The most directly comparable measure calculated in accordance with US GAAP is net income/(loss) attributable to Burford Capital Limited shareholders as set forth in our consolidated statements of operations. We believe ROTE is an important measure of our operating and financial performance and is useful to management and investors when assessing the performance of our Burford-only capital provision assets.

•    

Tangible book value attributable to Burford Capital Limited is calculated by subtracting intangible assets (such as goodwill) from total Burford Capital Limited equity. Tangible book value attributable to Burford Capital Limited per ordinary share is calculated by dividing tangible book value attributable to Burford Capital Limited by the total number of outstanding ordinary shares. Each of tangible book value attributable to Burford Capital Limited and tangible book value attributable to Burford Capital Limited per ordinary share is a non-GAAP financial measure and should not be considered in isolation from, as a substitute for, or superior to, financial measures calculated in accordance with US GAAP. The most directly comparable measure calculated in accordance with US GAAP is total Burford Capital Limited equity as set forth in our consolidated statements of financial position. We believe that tangible book value attributable to Burford Capital Limited per ordinary share is an important measure of our financial condition and is useful to management and investors when assessing capital adequacy and our ability to generate earnings on tangible equity invested by our shareholders.

 

For additional information, including reconciliations of our non-GAAP financial measures to the most directly comparable US GAAP measures and reconciliations of our alternative performance measures additional to those set forth in this announcement, see the 3Q23 Quarterly Report furnished to the US Securities and Exchange Commission on November 9, 2023 and made available on our website at http://investors.burfordcapital.com. Non-GAAP financial measures should not be considered in isolation from, as substitutes for, or superior to, financial measures calculated in accordance with US GAAP.

 

 

This announcement does not constitute an offer to sell or the solicitation of an offer to buy any ordinary shares or other securities of Burford.

 

This announcement does not constitute an offer of any Burford private fund. Burford Capital Investment Management LLC, which acts as the fund manager of all Burford private funds, is registered as an investment adviser with the US Securities and Exchange Commission. The information provided in this announcement is for informational purposes only. Past performance is not indicative of future results. The information contained in this announcement is not, and should not be construed as, an offer to sell or the solicitation of an offer to buy any securities (including, without limitation, interests or shares in any of Burford private funds). Any such offer or solicitation may be made only by means of a final confidential private placement memorandum and other offering documents.

 

Forward-looking statements

This announcement contains "forward-looking statements" within the meaning of Section 21E of the US Securities Exchange Act of 1934, as amended, regarding assumptions, expectations, projections, intentions and beliefs about future events. These statements are intended as "forward-looking statements". In some cases, predictive, future-tense or forward-looking words such as "aim", "anticipate", "believe", "continue", "could", "estimate", "expect", "forecast", "guidance", "intend", "may", "plan", "potential", "predict", "projected", "should" or "will" or the negative of such terms or other comparable terminology are intended to identify forward-looking statements, but are not the exclusive means of identifying such statements. In addition, Burford and its representatives may from time to time make other oral or written statements that are forward-looking, including in its periodic reports that Burford files with, or furnishes to, the US Securities and Exchange Commission, other information made available to Burford's security holders and other written materials. By their nature, forward-looking statements involve known and unknown risks, uncertainties and other factors because they relate to events and depend on circumstances that may or may not occur in the future. Burford cautions that forward-looking statements are not guarantees of future performance and are based on numerous assumptions, expectations, projections, intentions and beliefs and that Burford's actual results of operations, including its financial position and liquidity, and the development of the industry in which it operates, may differ materially from (and be more negative than) those made in, or suggested by, the forward-looking statements contained in this announcement. Significant factors that may cause actual results to differ from those Burford expects include, among others, those discussed under "Risk Factors" in Burford's annual report on Form 20-F for the year ended December 31, 2022 filed with the US Securities and Exchange Commission on May 16, 2023 and other reports or documents that Burford files with, or furnishes to, the US Securities and Exchange Commission from time to time. In addition, even if Burford's results of operations, including its financial position and liquidity, and the development of the industry in which it operates are consistent with the forward-looking statements contained in this announcement, those results of operations or developments may not be indicative of results of operations or developments in subsequent periods.

 

Except as required by law, Burford undertakes no obligation to update or revise the forward-looking statements contained in this announcement, whether as a result of new information, future events or otherwise.

 

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