We will fund any case that satisfies our investment criteria. Before we can recommend a case to our Investment Committee for litigation funding, we consider four key criteria:
Does the defendant have the ability to satisfy the damages being claimed in a case? What is the defendant’s asset position and where are those assets located? We can recommend specialist companies to undertake this research and assess the situation.
What are the legal merits of the case? ‘Merits’ means a strong case on liability and a clear basis for the damages being claimed. We also want to know how long the case will take to come to trial or final hearing. We always assume that we will need to fund through to trial or final hearing and we allocate our funds accordingly. The more developed the case, the better. Written advice on these issues from your lawyers will expedite our evaluation.
How much will the case cost to run? This includes all your own side legal costs and estimated adverse costs through to trial or final hearing. Our decision to fund a case does not depend on the legal costs being kept as low as possible. It depends on our assessment of the merits and the proportionality between a realistic assessment of case value and the legal costs. Lawyers on our cases are not required to work on a conditional fee basis but we do encourage them to be realistic with their legal costs budgets.
Does your legal team have demonstrable experience in the area of law to which your case relates? If you are a claimant who has not yet appointed a legal team or are dissatisfied with your current legal team, we can recommend one for you. We operate with a carefully chosen panel of widely recognized expert litigators, we want the best possible legal team working on any case. Of course your case is unique to you and we welcome all enquiries. We can give you a quick assessment of your case and will help you to be in the best position to satisfy our case criteria.
