As litigation funder’s return is tied to the success of the case, therefore the funders look to fund cases with good prospects of success.
The financial reward typically consists of either a percentage of the damages recovered, or a multiple of the amount advanced by the funder, or a combination of the two. All conditions are negotiated upfront and depend on the case itself.
This financing tool provides a valuable means of access to justice for claimants who may not have funds available, or may not wish to tie up funds, for costly yet meritorious claims.
Before we can recommend a case and start looking up for the right investor to cover up expenses, we consider the following key criteria:
- Is the defendant creditworthy? - Linked to the ability of the defendant to satisfy the damages being claimed in a case, defendant’s asset position and where these are located.
- Good Legal Merits - Meaning a strong case on liability and a clear basis for the damages being claimed.
- Proportionate Costs - Includes all your own side legal costs and estimated adverse costs through to trial or final hearing.
- Experienced Legal Team
- Demonstrable experience of your legal adviser in the area of law to which your case relates.