In 2021 the senior management team of TheJudge, together with Thomas Miller launched Erso Capital, a specialist litigation finance company. The strategic affiliation between TheJudge and Erso means our clients have access to a range of solutions that can be adapted to their particular needs and requirements.

Non-recourse financing to support commercial disputes

Litigation funding allows claimants to pursue legal action without bearing the upfront financial burden of legal fees and associated costs. Instead, a third-party funder provides capital to support the case — and only receives a return if the claim is successful.

How it works

• The funder agrees to finance all or part of the legal costs associated with the claim.

• The funding is provided on a non-recourse basis, meaning the claimant owes nothing if the case is unsuccessful.

• In exchange, the funder receives a pre-agreed share of any damages or settlement proceeds if the case is successful.

The arrangement is typically formalised under a Litigation Funding Agreement (LFA), which outlines the terms, recovery mechanics, and responsibilities of each party.

Litigation finance and insurance — combined or standalone

At TheJudge, we work closely with our strategic affiliate, Erso Capital, a global litigation funder. Together, we help clients structure funding solutions that:

• Work in tandem with litigation insurance (e.g. contingency fee cover or adverse costs insurance)

• Align funder and client interests

• Cover single cases or full portfolio arrangements

Erso considers a broad range of disputes — from national commercial claims through to high-stakes, multi-jurisdictional litigation and arbitration, mass torts, competition and antitrust claims and patent disputes.