Burford Capital Ltd annual report, Q4 FY2020

Business context and reporting period

Burford Capital Limited’s Form 20-F is an audited annual report for the year ended December 31, 2020—not a quarterly filing. It reports under IFRS in U.S. dollars. The filing provides second-half comparisons, but not a standalone fourth-quarter income statement or cash-flow statement. Burford funds commercial legal claims, manages investment funds, and provides related services.

Figures below are IFRS consolidated unless identified as Burford-only or Group-wide. Those management measures are non-IFRS and are not interchangeable; consolidation includes third-party fund interests.

Financial and operating performance

Metric20202019Change
Total income$357.0 million$366.0 million-2%
Operating profit$248.9 million$265.1 million-6%
Profit before tax$208.6 million$225.5 million-7%
Profit after tax$171.7 million$212.1 million-19%
Basic earnings per share78.4 cents97.0 centsLower
Net cash from operating activities$180.7 million$(8.3) millionImproved
Cash and cash equivalents, year-end$322.2 million$186.6 million+73%

Calculated operating margin was approximately 69.7% of total income (2019: 72.4%); net margin was approximately 48.1% (2019: 57.9%). Burford-only profit after tax was also $171.7 million, down 19%. These margin calculations use reported total income as the denominator.

  • Capital provision: Consolidated capital provision income was $339.6 million, down 3%. Realized gains rose 35% to $205.5 million, while fair-value adjustments, net of transfers to realized results, fell 33% to $136 million. The prior-year YPF-related fair-value gain did not recur.
  • Cash generation: Burford-only cash receipts, a non-IFRS measure, were $519 million, broadly level with 2019; Group-wide receipts were $997 million. Consolidated operating cash flow benefited from lower asset funding: new funding was $295.9 million versus $562.0 million in 2019.
  • Debt and liquidity: Loan capital was $667.8 million at year-end. The covenant leverage ratio was 13%, against a maximum of 50%; the nearest bond maturity was in August 2022. Burford-only cash and cash-management assets totaled $336 million. The Group reported total net assets of $1.70 billion.
  • Portfolio and commitments: Group-wide portfolio size was $4.48 billion, including carrying value and undrawn commitments. Group-wide undrawn commitments were $1.56 billion; $922 million of Burford-only legal-finance commitments comprised $575 million discretionary and $347 million definitive.
  • Fund management: Assets under management were $2.7 billion, down from $2.9 billion. Consolidated asset-management income was $15.1 million; Burford-only income was $24.5 million, including a $6.4 million Partners I performance fee.
  • Tax: Tax expense was $36.9 million versus $13.4 million; cash taxes paid were $11.0 million. The net deferred tax position shifted from a $15.3 million asset to a $22.1 million liability.

Material changes and unusual items

  • A group of ten related assets involving 18 cases generated $267 million of Burford-only realizations and $172 million of realized gains. This was a significant contributor to annual results.
  • YPF-related assets (Petersen and Eton Park) remained carried at $773 million, including $732 million of unrealized gain, and generated no material income in 2020. They represented 36% of consolidated capital provision assets by carrying value.
  • Burford incurred $7.9 million of consolidated equity and listing expenses, primarily related to SEC registration and its October 2020 NYSE listing.
  • One 2011-vintage matter concluded at a $14 million realized loss in the second half; it had previously been written down to zero.
  • The Board recommended a final 2020 dividend of 12.5 cents per share, subject to shareholder approval. No 2020 interim dividend was paid; the final 2019 dividend was also omitted amid pandemic uncertainty.

Outlook, commentary and risks

Management said new commitment activity was cautious and weak in the first half as clients and Burford responded to COVID-19 uncertainty, then recovered in the second half. It expects the pandemic may create future litigation and financing demand, but noted court delays could defer settlements and cash realizations. Management expects its tax rate to settle in the low teens over time and anticipated maintaining the proposed dividend level, while not expecting regular increases. These are forward-looking statements, not guarantees.

Material risks include uncertain litigation outcomes and timing, subjective fair-value estimates, credit and counterparty exposure, correlated matters and concentration in a major law-firm relationship, uncommitted liquidity needs, evolving legal-finance regulation, privilege and cybersecurity risks, and foreign-exchange exposure. A 10% change in capital-provision asset valuations would have changed consolidated income and net assets by approximately $191 million, before tax. The company said it was compliant with debt covenants and had sufficient resources to meet obligations for at least 12 months after approval of the statements.

In its first year as a U.S. SEC registrant, Burford identified two material weaknesses in internal controls over financial reporting: IT access/change-management controls and segregation of duties. It said remediation procedures were underway and the weaknesses did not affect historical financial statements. The auditor issued an unqualified opinion on the financial statements; no auditor attestation on internal-control effectiveness was included.

Important facts for investors to verify

  • Track the YPF-related claims, their legal progress and whether the $773 million carrying value and $732 million unrealized gain are ultimately realized.
  • Reconcile IFRS results with Burford-only and Group-wide measures, particularly realized versus unrealized gains and third-party fund interests.
  • Monitor recovery timing, COVID-related court delays, cash collections and funding needs against the $347 million of definitive commitments.
  • Assess concentration: the largest related exposure was 9% of Burford-only deployed cost, while arrangements involving one law firm represented 12% of Group-wide commitments and 40% of consolidated 2020 income.
  • Confirm progress in remediating the reported internal-control weaknesses, and monitor debt covenant headroom and the August 2022 bond maturity.
  • Check shareholder approval and payment of the proposed 12.5-cent dividend, and the actual performance-fee realization from funds past their investment periods.