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Litigation Finance Explained

Litigation finance is an arrangement between a specialist funding company and a client (typically the plaintiff, or the plaintiff’s law firm, in the litigation), whereby the funder will agree to finance some or all of the client’s legal fees and/or expenses in exchange for a share of the ‘case proceeds’ (usually the recovered damages, or in the case of law firm funding, the recovered contingency or success fee).

TheJudge is the market-leading broker in the litigation finance market.

We are experts in arranging non-recourse litigation and arbitration finance for corporations and investors, and their law firms, involved in legal disputes, through our rich and diverse international network of relationships within this specialized industry.

Third-party funders view legal claims as financial assets, in which they may invest in exchange for a return based upon the success of the funded litigation or arbitration. Litigation funding providers are able to offer a wide variety of financing options for parties seeking off-balance sheet solutions.

At its most straightforward, the third-party funder will finance the legal fees and expenses involved in pursuing the claim on a non-recourse basis, in exchange for what is essentially an equity interest in the claim. If the case is successful, the litigation finance provider recovers its capital invested plus a success fee. If the case is unsuccessful, the funder loses its investment, receives no success fee and has no recourse against the funded party.

At TheJudge, we routinely arrange financing for legal costs, including:

  • Lawyers’ fees
  • Disbursements (including expert witnesses, court fees, etc.)
  • Appeal costs
  • Enforcement

In addition to financing for legal costs, we also regularly put in place other forms of financing where the legal claim is used as collateral, including:

  • Working capital for the business during the life of the claim
  • Officeholder fees and expenses
  • Advanced damages
  • Claim/award purchasing
  • Portfolio financing

While third-party funding may often be the obvious starting point for lawyers and their clients considering alternative litigation finance, Attorney Fee Insurance should not be overlooked as a complimentary or potentially alternative way to hedge litigation risk. For corporate enterprises in particular, Attorney Fee Insurance is often a far more cost-effective option to achieve certainty over the company’s budget/risk exposure.

Why engage TheJudge to arrange your litigation finance?
  • Higher conversion rate – rejection rates of the individual funders are very high. We operate an extensive and diverse panel and have real time knowledge of funding appetites. Our approach is designed to maximize the chances of closing a suitable funding deal.
  • No added cost – unlike other brokers, we do not charge upfront fees, or finders’ fees which inflate the deal cost. Our commission is paid by the funder out of the funder’s income from the case, if any. We save what would otherwise be significant chargeable law firm time in securing funding.
  • Part of the team – we are on hand to give practical advice and impartial guidance at every stage of the process, based upon our decades of experience in litigation finance.
  • No minimum claim size or fixed economic parameters – we can make deals work where many funders cannot.
  • Full market access – we have unparalleled experience of the global litigation finance market and work with over 40 capital and insurance providers in multiple jurisdictions around the world
  • Get the best deal – we conduct a strategic and carefully managed tender process involving multiple funders and negotiate on our clients’ behalf to get the best deal. Our financial models help our clients understand the cost of various financing options in different scenarios.
  • Focus on deal execution – we are highly motivated to close the funding deal in the shortest possible timeframe, from case presentation and funder selection to execution.
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