Commercial Litigation Funding
Which Cases Qualify?

Which Cases Qualify?

Third Party Funding is available for the complete spectrum of civil and commercial litigation, ranging from smaller sized disputes through to large value commercial litigation and arbitration.

At TheJudge, we’ve been engaged to secure third party funding for sums as low as £25,000 and as high as £20,000,000.

Most funders will typically expect an acceptable case to have the following features:

  • Good prospects of achieving a successful outcome (usually in excess of 60%);
  • A good understanding of how the claim value has been calculated and what the client would accept in terms of out of court settlement;
  • A credit worthy opponent and confidence that the claim will be enforced;
  • A considered cost budget to ensure the cost of financing is not disproportionate to the claim value;
  • An understanding of how any potential adverse costs liability (if applicable) will be met (including by way of an application for litigation insurance to TheJudge);
  • Sufficient case material upon which a funder can form their own view of the prospects; and
  • A well presented application (see our advice when making an application).

Litigation Funding and Adverse Cost Insurance

If the litigation is taking place in an environment where the risk of adverse costs applies, some litigation funders will insist on After the Event (‘ATE’) Insurance being in place alongside the funding agreement. An ATE insurance policy is often considered to be a prudent hedge on the risk of losing a case in any event, regardless of the financial resources of the client.

TheJudge brokers both litigation funding and insurance and is typically instructed to put together the entire financing package for the client.