Litigation Finance

Litigation finance is for litigants who need a funder in order to pay for legal costs that must to be paid during the life of the case. The funder provides this cash-flow financing on a non-recourse basis, meaning that if the case is unsuccessful and their invested capital cannot be repaid from any proceeds (e.g. damages) derived from the case, then their investment is lost.

In exchange for agreeing to finance the claim on the litigant’s behalf, the funder and litigant will normally agree that the funder is to be entitled to a share of the proceeds in the event the case is successful. The terms are typically governed by a Litigation Funding Agreement (LFA).

At TheJudge, we have an affiliate litigation finance company, Erso Capital, which can consider the provision of litigation finance for our clients, whether in insolation or alongside any insurance being arranged via TheJudge team.

Between its discretionary funds, single managed accounts and co-investment funds, Erso has access to capital in excess of USD $1.0 billion. Like TheJudge, this means Erso is capable of considering a full spectrum of disputes from smaller business disputes through to large corporate portfolio arrangements.