Litigation Funding

24-May-2010  |  Financial Institutions & Services, Litigation & Dispute Resolution, Patents


Cost control and certainty are key elements of successful litigation. The approach to litigation funding is evolving with an increasing number of options available to Claimants and Defendants.  For every case we work on we will discuss the best funding options available.  Each client and each case will be different and to address this we can develop for you a bespoke package of options to offer the flexibility needed.  This will include consideration of:

  • After the Event Insurance ("ATE").  ATE is insurance that gives either a Claimant or a Defendant a policy to cover the risk of paying their opponent's legal costs.  We have extensive experience of running litigation with ATE policies in place and through our contacts with ATE providers and brokers, we help clients to find the best policy for them.
  • Third Party Funding.  Third Party Funding is the payment of a Claimant's lawyers fees by a third party in return for either a share of money recovered through litigation or by an agreed multiple of the costs advanced. We can carry out early case assessments and work closely with funders to identify the best funding options for you. 
  • Conditional Fee Agreements ("CFAs").   CFA's are agreements under which legal fees can be discounted in return for a success fee which is paid if the claim is successful.  The success fee may also be recoverable from your opponent as part of the cost of the litigation. 
  • Fixed fees.  There are some types of litigation where a fixed fee may be appropriate.  Once we have discussed your case with you there may be opportunities to offer a fixed fee for specific stages of the litigation process.

There is no “one size fits all” costs package but our experience enables us to assist you in selecting a combination of the above products where available in a particular case to enable you to pursue your rights or defend improper claims in a cost effective and controlled manner.