Litigation Funding Solutions
Single-case litigation finance
financing which is available on a case-by-case basis for high-value litigation or arbitration claims, where the claimant can be cash-constrained, well-resourced, or even a representative of a wider group of claimants, for example in a class or group action.
The terms of investment and return are tailored for each case. This type of financing may cover attorney fees, disbursements (which can include out-of-pocket costs relating to e-disclosure, expert witnesses, and court or tribunal fees) and/or provide working capital to a claimant. Where claimant law firms are prepared to work on a conditional or contingent basis (i.e. where some or all of their fees are deferred and payable upon success), funding may only be required for disbursements.
Portfolio
finance
funding of claimants or law firms that have more than one claim to pursue. This solution typically involves a funder providing a ‘facility’ from which the claimant or law firm can draw down to cover the costs of multiple litigation or arbitration cases.
Portfolios can be used for claims or a mix of both, with several different structures available, each designed to meet the capital needs and risk tolerance of the law firm or claimant. As with single-case finance, the funder takes its return from the contingent income generated in the cases – no such income means no return for the funder. But unlike single-case finance, portfolio finance offers greater flexibility and the cost of capital is typically lower because the funder’s risk is diversified and its return is cross-collateralised.
Accounts receivables financing
funding for law firms that have substantial incurred, but unpaid, client invoices. This solution allows law firms to bridge the sometimes substantial payment gap between invoicing and collections, allowing attorneys to focus on what they do best – advocating for their clients.
Judgment
monetisation
finance provided to claimants or law firms that have received a positive award or judgement that is subject to an appeal or enforcement risk. This solution allows a claimant or law firm to de-risk the positive award, allowing them to receive funds immediately and get on with their businesses.