A Trusted Adviser Through the Litigation Lifecycle

At the outset: Case Assessment

We work with you, your legal team and your advisers to provide an independent assessment of your case from a financial perspective. This involves integrating the legal strategy — the key legal decisions that will make your case a success or failure — with a robust assessment of the opportunities for settling the case, and the positioning of the defendant.

Assessing Funding Options

Once we understand the contours of your case and the financial risk, we work with you to identify the best funding options. Funding takes many forms - it can be from the client’s balance sheet, it can be from the law firm which uses contingent no-win-no-fee arrangements, or it can be from the investment market, where we speak with specialist litigation funders regularly to understand what they are looking for, and how their funds are positioned.

Negotiating Terms

If we agree that the best path of action is to negotiate terms with a fund, and your lawyers on contingent fees, we work to identify (a) the best funder for you in the long-term, and (b) how to structure the agreement so that the unforeseen problems of budget-overruns, funder financial instability, and case complexity are effectively dealt with, and contracted for, at the outset, ensuring that the client remains in control of the litigation and the funder is appropriately incentivised to continue funding, or work with you to solve problems as they occur.

Ongoing Assessment

Litigation is a corporate distraction. We have significant experience managing cases, both as principal and as funder. We support clients in the ongoing assessment of the case, keeping legal teams on budget, understanding how key decisions affect the valuation of a case and understanding the overall burden of litigation on the organisation.

Valuation for Settlement Purposes

Settlement of cases is complex and fraught - and ultimately involves decisions that will never be perfect: can we continue the case, how much organisational burden is the case causing, what are the fiduciary duties the decision makers have to settle the case, what is being offered vs. what is being asked for. We help reduce the decisions to numbers, and make a clear-headed assessment, working with your legal team about settlement vs. continuation.

Recent Thinking

Insights
Opening Welcome Speech to LF Dealmakers Europe 2025
Opening Welcome Speech to LF Dealmakers Europe 2025

The funding industry needs to put the interests of society front and centre of its business: as gatekeepers of what gets to proceed, we need to be responsible about what we fund; we have to be honest about our mistakes; but we also need a clear framework from the judiciary that allows the dealmakers in this room to predict the financial impact of their successful decisions as well as their mistakes.

The Tillis Bill: the Wrong Way to Control Litigation Funding
The Tillis Bill: the Wrong Way to Control Litigation Funding

In the US, Senator Tillis has proposed a bill that would tax litigation funding into submission. Our view is that this is the wrong way to go about the debate on whether litigation funding is good or not. The courts are shaping litigation funding, and government should choose to regulate if it wants to - not subscribe to the interests of large corporations that realise the liability they created can now come back to haunt them.

Part I: What is a fair and reasonable return for a funder?
Part I: What is a fair and reasonable return for a funder?

When assessing litigation funding returns, time to return is the most difficult factor to assess. There is a wide range of returns; and returns can go long, but it is reasonable to expect that it will take an average of 3.7 years for cash to do a round trip - but that may mean it takes 7 years from start to finish.

Which law firms should be FCA regulated?
Which law firms should be FCA regulated?

In the UK, when law firms work for clients on no-win-no-fee arrangements they are, effectively, insuring their clients if there is an adverse costs award against the client. The Civil Justice Counsel has identified that some law firms should be FCA-regulated. We agree where law firms are insuring adverse costs awards against their clients.