LITIGATION FUNDING
Litigation Funding is now well established in Australia and provides a solution for client companies or individuals to fund a case that they may not have the means to fund, themselves.
​
On a regular basis you will see newspaper reports about many significant legal actions that have been underwritten by litigation funders.
​
Funders pay the costs to take an action to hearing and usually pay adverse costs if your case is unsuccessful.
ln return litigation funders seek a commercial percentage of the recovery sum from a settlement or court judgment in your favour. In the event that the claim does not succeed the funder commonly bears the total costs.
​
Funders look for a commercial return that reflects the risks taken.
​
HOW IT WORKS
In the first instance there needs to be an initial evaluation of your potential claim which is done by way of a well prepared legal brief of the action identifying the nature of the action, an assessment of damages and usually a barrister’s opinion of the merits of the case.
​
The preparation of a legal brief can be an expensive process and we know that many claimants don’t have the funds to even instruct a lawyer to present their case for funding determination.
​
We have the necessary experience to offer you a straight forward and timely assessment as to whether your case firstly has merit and secondly whether we would be willing to fund such an action.
​
Assuming that we decide to fund the case we negotiate a funding agreement up front that includes a funding commission which is determined based on the merits of the claim, the costs involved and the potential adverse costs in the event of a loss.
​