Commercial Litigation Funding
4 Reasons to Engage TheJudge to Arrange Litigation Funding

4 Reasons to Engage TheJudge to Arrange Litigation Funding

We believe there are four key reasons why you will be pleased you engaged TheJudge to secure litigation funding on your behalf:

1. Compare the Statistics

It wouldn’t be uncommon for a single litigation funding company to consider say 300 applications for funding a year, but only offer terms on 15 and perhaps only actually complete on 7 or so. Accordingly, the chances of securing a binding offer with any single funder are low.

"At TheJudge, the statistics are firmly in your favour"

However, at TheJudge, we ensure we select the right funder for your case based on our significant experience of the market, saving you and your lawyer time and money.

Secondly, we simultaneously approach multiple appropriate funders with the application, meaning you have a better chance of securing an offer from the market. Whilst we know from experience which funders have the potential to offer terms based on the nature and size of the case in question, assessing the merits of any piece of litigation is of course a subjective process. This is why it’s so important to maximise the likelihood of obtaining cover in any way you can – approaching numerous funders simultaneously is just one of the ways in which we try to achieve this.

2. Avoid prejudice

When we present your case to the funding market, we do so on a thoroughly prepared and co-ordinated basis.  Each of our chosen funders will receive the case simultaneously to avoid prejudicing the client’s position.  

"The worst mistake we see is a client approaching just one or two funders, receiving rejections and then approaching other funders and having to disclose those prior declines"

If a client were to approach one funder at a time with the case, any rejections received would need to be disclosed to the next funder to consider the case, and so on.

By the time the case gets to funder number three or four, the chances of securing an offer will have significantly reduced. Funders will always ask who else has considered the case before them and, if several rejections have already taken place, it will inevitably negatively impact upon the new funder’s assessment of the merits.

3. We save you time and money

Engaging TheJudge to arrange your litigation funding doesn’t add to the cost. On the contrary, our involvement means we will often negotiate a range of offers from different providers and, in heavyweight litigation in particular, we can point to examples of where we have saved clients multiple millions on the cost of their funding arrangement.

"We save our clients and their lawyers money and time"

The time cost a lawyer incurs in arranging litigation funding for their client is not typically recoverable from the losing party (as per the case of Motto v Trafigura Ltd [2011] EWCA Civ 1150), meaning it is therefore an expense to the client. Whilst approaching multiple funders simultaneously maximises a client’s chances of securing an acceptable offer of funding, this process can inevitably lead to duplication (e.g. the same requests for further information from different providers). Therefore, if a client and lawyer were to handle this process without the assistance of a broker, it would inevitably be very lengthy, costly and administration-heavy.

At TheJudge, we manage this entire process so the lawyer and client are free to focus on the actual case. We ensure that each of the funders approached respond in a timely fashion and our involvement therefore continues to drive the whole process forward quickly.

4.    Independence and Experience

The litigation funding market is developing continuously.  New funders enter the market just as quickly as others exit. Also, the products which the market offers are continually developing, with some not being publicised at all, so it can be very tricky to keep up to date with the offerings available.

"By using TheJudge, you see the market through our eyes"

By engaging TheJudge, you can be sure you’re receiving independent advice and support from the world’s largest specialist funding broker.  We ensure that your team remains fully up to speed on what can be offered to your clients to meet their funding needs.

If you would like to read what others say about our services, just click here. If you’re ready to make an application for litigation funding click here. Alternatively, if you would like to speak to one of our brokers before making an application, please click here.