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Understanding the claimant’s motivations in pursuing the proceedings is essential. As a funder, we seek to meet the decision maker of the claimant to ensure that they are well versed in the risks and time commitment involved with pursuing litigation, and have reasonable settlement expectations.



Whilst a claimant who wants their ‘day in court’ is a potentially good thing for a law firm, it can be far from ideal for a funder. The funder wants to ensure that the claimant is not merely seeking to have their position vindicated but that they have reasonable settlement expectations.

Even though the claimant does not have to have the means to fund a claim, their financial position is a factor that needs to be considered. The funder needs to ensure the claimant has sufficient resources to carry on as a going concern during the course of proceedings as if a claimant were to become insolvent during proceedings this could cause issues as to subsequent ongoing management of a claim.


Claimant checklist:

Confirm with claimant;

  1. Experience of pursuing proceedings
  2. Financial position
  3. Motivations for pursuing proceedings
  4. Views on proposed proceedings and settlement expectations


Curious to find out more about the economics of a claim? Check out the previous blog in this ‘litigation funder’s checklist’ series, ‘The litigation funder’s checklist – economics’.

Next in this series, we’ll be understanding how the funder ensures that the defendant is in a position to pay any judgement sum in a claim.

If you are considering litigation funding and have a case which broadly meets the above criteria, please do not hesitate to contact Glyn or a member of our team of litigation funding experts to discuss the process in further detail.

Can we support your case? Contact us. No obligations.
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