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Insolvency litigation funding is also known as litigation finance or third party funding. This is an alternative way for insolvent companies to fund the costs of a legal dispute. A company in financial distress may not be in a position to pay legal costs out-of-pocket, and a lawyer may not be able to proceed on contingency. In this case a commercial litigation funder will finance the cost of litigation, in return for a share in any money recovered through proceedings. This type of funding is usually non-recourse, meaning that if the claim is lost the claimant is not liable to repay the investment of the funder.

TheJudge are frequently engaged by companies in financial distress and their administrators, liquidators, trustees in bankruptcy or creditors to present competitive litigation insurance and litigation funding options for their particular circumstances.

Insolvency practitioners may engage TheJudge for:

  • An insurance hedge for their personal costs liability
  • A funding package for lawyers’ fees/disbursements
  • A solution to a potential or existing security for costs issue
  • To sell the potential litigation and make an immediate financial return for creditors

In all cases we work hard to understand a client’s fee objectives, and put forward solutions to match.

Contentious insolvency litigation has been a cornerstone of TheJudge’s work since the launch of the company in 2000.

“In a market of diverse funding and insurance products, it’s invaluable to work with a broker who really knows the market, the legal issues at stake and acts in our client’s best interest.”

K&L Gates

Our capabilities for insolvency litigation include arranging:

  1. Litigation insurance solutions for adverse costs and own disbursements;
  2. Competitive funding solutions to finance lawyers’ fees and disbursements (including Counsel);
  3. Financial instruments to satisfy a security for costs order;
  4. Monetization (i.e. the sale) of insolvency claims for either immediate upfront consideration and/or a share of any recovery generation by the funder;
  5. Portfolio funding, insurance, and monetization for IPs or law firms handling a portfolio of insolvency claims.

Key Contacts:

Robert Warner (London)

Katie Armstrong (London)

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