Whilst every third-party funder will have a unique approach to international arbitration and commercial litigation cases, through this ‘Litigation funder’s checklist’ series, Augusta equips potential claimants, and those who already access TPF, with an insight into the main decision drivers, ensuring a successful claim with as little mitigation as possible.
Invariably, to enable us to properly consider a case, we require a counsel’s opinion (in certain circumstances, a detailed legal memo will also be appropriate) which addresses the following;
It is always better if risks are addressed upfront, as the funder can work with the legal team to see how such issues can best be mitigated. In this situation, we will engage with the client’s legal team over the legal arguments and the available evidence. As part of our due diligence process, we will also seek an independent legal review, to verify the case.
As the range of funding products and structures that funders can provide continues to broaden, it’s clear that litigation funding is no longer solely about single case funding; portfolio funding, the funding of law firms, case assignments or acquisitions are now also being offered. When applying for litigation funding, consider our checklist to enable you to be even more confident that your claim will be successful.
Next in our ‘Litigation funder’s checklist’ series, we’ll be touching upon economics and how there needs to be sufficient “headroom” on the damages:legal costs ratio.
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.