Risks

The Risks Of Litigation

Risks

Your Own Solicitor's Costs

The legal costs involved in litigation can be eye-watering.

We signpost to solicitors who offer a Conditional Fee Agreement. This means that you are not liable to pay all or part of their fees if you lose your claim.

Conditional Fee Agreement

Risks

Disbursements

Whether you win or lose your case, it is likely that you will need to pay the costs of the expert and the barrister who advises you.

We can fund these costs for you and signpost you to ‘A’ rated insurers who can insure you against having to pay these costs if you lose your claim.

A Rated Insurers

Risks

Opponent's Costs

If you lose your claim, it is likely that you will be ordered to pay all or some of your opponent's costs.

The aforementioned ‘A’ rated insurers can insure you against having to pay these costs if you lose your claim or if you are ordered to pay costs during your claim.

A Rated Insurers

Funding Solutions

How we change Litigation

Funding solutions

What do we fund?

We fund all of the costs of the litigation that you are required to pay upfront or on an ongoing basis. These include:

  • Your solicitors legal costs that are payable under a Conditional Fee Agreement
  • Your disbursements such as barrister’s fees and expert’s fees
  • The cost of litigation insurance called After The Event (“ATE”) Insurance which protects you against the financial risks of litigation.

Upfront & Ongoing Costs

Funding solutions

Your Disbursements

An Opinion from King’s Counsel, a senior barrister is always required. They will advise you on the law and how likely you are to win your claim. This can be extremely costly but absolutely essential to ensure that your claim stands the best prospects of success. It is often necessary to instruct experts

  1. To advise on your claim
  2. To give evidence in Court as expert witnesses on your behalf.

These experts may be financial, economic or an industry expert

Barrister's & Expert's Fees

Funding solutions

Conditional Fee Agreements

Conditional Fee Agreements (also known as ‘No Win No Fee’ agreements).

This is a funding arrangement between solicitors and their clients whereby the solicitors can agree to defer all or some of their fees, and charge you the deferred element of their fees only if you win your claim.

We will fund the balance so that the solicitors and us fund your claim and back you.

‘No Win No Fee’ Agreement

Clients & Partners

We work closely with

Corporate Claimants

Who use our solutions to remove stress from their P&Ls and risk from their balance sheets.

Insolvency Practitioners

To enable them to recover debts or assets due to the insolvent company. This is often as a result of:
- A breach of director’s statutory duties  
- Unlawful distribution of assets
- Fraud

Individual Claimants

Who have commercial claims which they would not be able to afford to pursue without our assistance.

Law Firms

Who work with us closely to provide solutions to their clients.
cost

What do you pay?

Deductions From Damages

Deductions from damages. If you win your case, there will be certain deductions that will be made from your damages which include:

01
The success fee for the funder

This is the return which the funder earns from having risked its capital to back your claim.

02
The success fee for the solicitors

With a good legal team on your side, you'll have the best chance of your claim being successful.

03
The ATE premium

Which cannot legally be recovered from your opponent.

Insurers

We work with a Managing General Agent (“MGA”) called Global Litigation Limited (“GLL”). MGAs are specialist underwriters who manage risks for insurers.

GLL have a specialist team of legal underwriters who will carefully assess your claim and ensure that you have an insurance policy that covers you against the litigation risks that you face.

GLL places the insurance with a select group of insurers, all of whom are ‘A’ rated and which includes:

01
SCOR

A leading global insurer with 35 offices throughout the  world. It has a strong balance sheet of €35.5 billion, over €22.9  billion of assets invested and an A Rating with Standard & Poor’s,  Moody’s, Fitch and AM Best. Link.

02
HDI Global Speciality SE

A global insurer operating in over 175  countries throughout the world. It is part of the Talanx Primary  Insurance Group. HDI Speciality is rated A+ by Standard & Poor’s  and A+ by AM Best. Link.

Case Studies

Individual Claimants
Insolvency Practitioner
Corporate Client

Individual Claimants

- The claimants had a good claim against an international IT company for anti-competitive practices.

- The claimants wished to pursue a claim in the Competition Appeals Tribunal.

- Without our assistance, the client could not have afforded to pursue the claim.

Insolvency Practitioner

- The Insolvency Practitioners did not have sufficient funds to pursue the claim against the defendants who had unlawfully appropriated expensive machinery belonging to the insolvency company.

- The Insolvency Practitioners also pursued a claim for unlawful occupation of a property leased to the insolvent company.

- Without our assistance, the client could not have afforded to pursue the claim.

Corporate Client

- The client’s IP rights over the design of a product were infringed and the defendants were making a considerable profit from the client’s IP design.

- We helped the client to secure funding to cover its legal costs, to obtain advice from Kings Counsel and to enable them to pay for ATE insurance to insure against the risks involved in the litigation.

- Without our assistance, the client could not have afforded to pursue the claim.

Expert Guidance For Claimants

Contact us today and learn more about how an experienced professional can help you.