commercial litigation finance
Fully fund your legal claim
At no upfront cost
On a non-recourse basis
Using litigation finance
global funding solutions
commercial & High-value litigation finance
non-recourse funding
off-balance-sheet finance
ADVERSE COSTS INSURANCE
FOR sme TO CORORATIONS
Independent Advisors
Independent Advisors
Source financial and legal solutions designed to advance your case
Litigation Finance
adverse costs insurance
law firm acquisition
advisory services
our fully done-for-you service
Specialist litigation finance— Fund your legal fees & expenses on an off-balance-sheet, non-recourse basis.
Adverse costs insurance— Providing protection against your opponent's legal costs.
Access to leading law firms and advisors— Connect with specialist counsel and independent advisors experienced in funded litigation and arbitration.
Your Case, Fully Funded
Accessible
From SMEs to multinational corporates and global investment funds, litigation finance supports a wide range of claimants.
Scalable
From mid-size commercial disputes to complex, multi-jurisdictional litigation, funding can scale to match the demands of your case.
Comprehensive
Secure finance for a range of disputes — from contract, intellectual property, shareholder, or real estate claims to insolvency cases, arbitration, antitrust actions, and more.
Global
Access financing worldwide, with solutions available in many jurisdictions, so you can pursue your case no matter where it takes you.
Litigation Finance Resolves Four Key obstacles That Prevent claimants From Pursuing Valuable Claims
Uncertain and Escalating Legal Costs
Contested litigation is notoriously expensive and difficult to budget for.
Costs can escalate rapidly and frequently exceed initial expectations.
This open-ended financial exposure, with limited visibility over total spend, often prevents claimants from pursuing otherwise viable claims.
Capital Constraints & Inefficiency
Litigation ties up significant capital, often for years at a time. For many organisations and individuals the up-front cost is simply unaffordable.
For larger businesses, litigation diverts capital away from growth or revenue-generating priorities, reduces borrowing capacity, depresses earnings, and restricts financial flexibility.
Risk of Capital Loss and Adverse Costs
Contested litigation carries substantial downside risk. A claimant pursues a dispute with the intent to recover losses, yet an adverse outcome leaves them financially worse off than when they started.
Losing claimants forfeit their own legal spend and, in many jurisdictions, may be required to reimburse their opponent’s legal fees as well. This asymmetric risk exposure often deters otherwise meritorious claims.
Operational and Strategic Distraction
For businesses and institutional investors, the financial impact of litigation diverts resources and focus from core operations. Leadership time and attention are pulled away from revenue or return-generating priorities.
These distractions compound over time— undermining both day-to-day performance and long-term execution.
A Smarter Way to Fund High-Stakes Litigation
Specialist non-recourse finance provides a capital-efficient way for businesses, investors, and individuals to manage the significant cost, risk, and resource demands of litigation.
Specialist finance for legal fees & expenses
Comprehensive funding covers all your litigation costs— including law firm fees, specialist counsel fees, expert witnesses costs, court fees, and more.
Funding also lets you hire leading law firms or senior counsel without budget constraints.
Nothing to pay upfront
Repayment is due only at the end of your claim and taken directly from your damages—so you don’t need to deploy capital during the case.
For businesses, this helps safeguard cash flow and preserve EBITDA.
Non-recourse finance
Non-recourse finance means that if you don’t win your claim, you don’t repay the funder. This eliminates your own-side cost risk and turns a high-stakes legal dispute into an opportunity rather than a liability.
Non-recourse financial backing also signals strong case merits, enhances settlement leverage, and gives you access to experienced funder input throughout the claim.
Off-balance-sheet finance
Specialist finance moves litigation expenses off your balance sheet and onto the funder’s—helping businesses and investors preserve financial performance, protect earnings and returns, maintain borrowing capacity, and enhance stakeholder value.
Eliminate opportunity costs
With litigation finance you can keep your own capital working inside the business while using the funder’s capital to pursue your claim.
This lets you capture the upside of both business or investment growth and litigation recovery—eliminating opportunity costs and maximising potential gains.
Adverse costs insurance
Specialist adverse-costs insurance covers your opponent’s legal fees if your claim is unsuccessful—allowing you to pursue a substantially risk-reduced claim when paired with non-recourse funding.
Insurance coverage also further strengthens settlement leverage by removing downside pressure.
- Private & public companies (all sizes & sectors)
- Institutional investors
- Fiduciaries (liquidators, trustees)
- Start-ups & entrepreneurs
- Universities & research institutions
- Trade associations & industry bodies
- Charities & non-profits
- Individuals with investment-level claims
Why Cients Use Litigation Finance
Claimants typically turn to litigation finance for one of two reasons→
Funding out of necessity
Many claimants rely on litigation finance because they’re simply unable to absorb the large and unpredictable costs of a protracted lawsuit— especially when facing a larger or better-resourced opponent.
By removing the up-front cost and limiting downside exposure, funding allows them to pursue meritorious claims that would otherwise be out of reach.
Funding out of choice
Others choose litigation finance strategically, even when they have the resources to self-fund, because it’s a more risk and capital-efficient way to litigate.
They use it to preserve cash, protect earnings, minimise accounting impact, and avoid tying up capital in long, unpredictable disputes —making it an attractive option even for well-resourced claimants.
make Litigation Work for You
Whether you’re seeking funding due to capital constraints or deploying it strategically, litigation finance gives you more control over cost, risk, and resource allocation.
Discover how litigation funding works in practice — from funding structures and pricing mechanics to insurance, negotiations, and risk-transfer mechanisms — with our in-depth guides.
Our Process
1
Discovery call
Schedule a brief 15-minute discovery call where we assess the suitability and funding potential of your claim, outline your available options, and answer any questions you may have.
2
Deeper assessment
If your claim is suitable, we arrange a follow-up assessment call to explore the details of your case, clarify your objectives, and understand your funding priorities—allowing us to scope the most appropriate strategy.
3
Funding search
We then conduct an independent market search, leveraging our funder network to see whether competitive, tailored funding offers may be available.
Where interest is secured, we provide clear comparisons and guidance so you can make an informed choice.
Explore your funding options
About Case Capital & How We Work
Barrister Founded and Independently Led
Case Capital was founded by barrister Neil Johnstone to address a common challenge he observed in practice: many organisations with strong claims were unable or unwilling to pursue them due to the significant cost and risk of litigation.
That's why our independent service acts as a bridge between you and specialist litigation funders— ensuring our clients, whether constrained by resources or simply looking to manage their financial outflows, have access to the right legal finance solutions.
Our Mission
Our mission is to find the financial backing and litigation support you need— allowing you to focus on your case confident in the knowledge that you’re positioned for success, both legally and financially.
Your Independent Gateway to Litigation Finance Solutions
We provide a fully managed, independent service designed to help claimants access specialist third-party litigation finance, insurance, and alternative fee structures.
Here's how we can help:
- Objective eligibility assessment for non-recourse litigation finance.
- In-depth market search to secure competitive funding offers through a single, consolidated application.
- Arrangement of specialist litigation insurance, providing adverse-costs protection.
- Connections to leading law firms and independent advisors experienced in funded litigation.
- Exploration of alternatives to funding, including law-firm contingency arrangements, hybrid fee structures, fixed fees, or other risk-transfer and price control mechanisms.
- Modular service — use only the components you need or choose a fully managed solution.
Our goal is to simplify a complex market and give you clarity and choice. We help you save time and stay focused on your claim by consolidating your search into a single, streamlined process.
Whether you need one specific component or a fully managed solution, you can access the right funding and risk-management solutions—efficiently and independently.
A Structured Framework for Accessing Litigation Finance
We use a clear, disciplined process to assessyour case and connect you with the most suitable funding and litigation support:
- Initial 15-Minute discovery call
A brief, no-obligation call to understand your claim, answer your questions, and assess your eligibility for litigation finance. If your case appears suitable, we proceed to the next step. - Deep-dive assessment
A focused consultation to analyse the merits, quantum, and risk profile of your claim. We outline potential funding and insurance options, confirm whether you may also need help finding the right law firm, and identify any additional needs — such as claim monetisation or working-capital solutions, or introductions to specialist advisors. If the case remains viable, we move on to the market search. - Market search and introductions
We conduct an in-depth market search using one consolidated application, leveraging our network of funders, insurers, and law firms to source competitive, relevant offers. We present all suitable options transparently and help you understand key differences. - Coordination through to decision
We continue to help coordinate communications between you, funders, insurers, and law firms — ensuring the process stays clear and efficient while you review and decide between the available options.
How Litigation Funders Charge
Funding terms vary by jurisdiction and provider, but most funders typically charge:
A percentage of the damages recovered, or;
A multiple of the capital deployed
Some also adjust pricing for risk, duration, and case complexity
Fora detailed breakdown of pricing models, risk adjustments, and sample termsheets, see our Litigation Funding Pricing Guide.
Our Fees
Our mission is to find the financial backing you need— allowing you to focus on your case confident in the knowledge that you’re positioned for success, both legally and financially.
Barrister founded and independently led
Case Capital was founded by barrister Neil Johnstone to address a common challenge he observed in practice: many organisations with strong claims were unable or unwilling to pursue them due to the significant cost and risk of litigation.
That's why our independent service acts as a bridge between you and specialist litigation funders— ensuring our clients, whether constrained by resources or simply looking to manage their financial outflows, have access to the right legal finance solutions.
Our mission
Our mission is to find the financial backing you need— allowing you to focus on your case confident in the knowledge that you’re positioned for success, both legally and financially.
commercial litigation finance
Learn more
Discover everything you need to know about commercial litigation finance. Whether you’re new to the concept or looking for detailed insights, our free resources will walk you throught the topic step-by-step
FAQ
Litigation finance is where a specialist third party funder pays for your legal fees and expenses, in exchange for a share of the proceeds of the claim. This allows you to hire a law firm without any upfront cost.
Litigation finance is non-recourse, meaning if the claim is unsuccessful, you owe the funder nothing.
The funding can also be used to further strengthen your case by paying for expert witnesses, specialist trial counsel, and more.
Adverse costs insurance (aka "after the event" insurance) offers protection against the risk of having to pay your opponent's legal fees if your claim is unsuccessful.
When paired with non-recourse litigation finance to cover your own legal expenses, it enables you to make a financially risk-reduced claim.
Funders look for claims for substantial monetary damages, with a clear legal basis and a high likelihood of success. Although there are no hard and fast rules, funders typically require estimated damages to be between 5 to 10 times the amount of funding sought.
Finally, the funders will require that the defendant is well-capitalised and has the funds or assets to satisfy any judgement against them.
You can much more about the eligibility criteria for funding here
Funding is available from as little as $50,000 USD* (or local equivalent). Upper limits are high, with the largest funders willing and able to invest 7 or 8 figure sums in the right claim.
*Or local equivalent
From large multinationals to local SMEs, litigation finance can help:
-Private and public companies (all sizes & sectors)
-Start Ups & entrepreneurs
-Pension funds / sovereigns / investment funds
-Charities & non-profits
-Trade associations & industry bodies
-Fiduciaries – insolvency practitioners, trustees, liquidators
-Individuals with high-value or investment level claims
Yes- our services are designed to be modular and are always tailored to your specific needs. So whether you already have legal representation in place, or need assistance finding a law firm, we can help.
We can assist in finding you the right legal team, arranging funding, and securing adverse costs insurance. You can choose any combination of these services based on your requirements, ensuring you get exactly what you need.
Even companies with ample financial resources can benefit from litigation funding for several reasons:
Risk management: Non-recourse funding transfers financial risk to the funder, helping to protect the company from financial downside if the litigation is unsuccessful- as the funder absorbs the loss. This protection helps ensure that a negative outcome doesn't impact your company's financial health or operational stability, while still retaining the substantial financial upside of a successful claim.
Cash flow preservation: Litigation finance allows you to maintain liquidity and allocate your capital to core business operations or growth opportunities, rather than locking it up in legal battles. This means you can pursue revenue-generating activities or strategic investments, while still securing your legal rights and damages.
Budget predictability: Legal costs are fully budgeted and reserved by the funder, aiding in financial planning and management.
These advantages make litigation finance attractive, even for those capable of self-financing their legal fees. Learn more about how litigation finance can help even the largest public companies in our deep dive guides.
At Case Capital we can arrange funding across various regions including the UK, US, Europe, Latin America, the Middle East, and Asia. If you'd like to enquire whether funding is available in your specific country, please contact us.
Yes- litigation finance is flexible and can be arranged for claims that are already underway. This includes funding for ongoing trial costs, appeals, or even post-trial enforcement proceedings to recover your judgment. Regardless of the stage your case is at, funders can assess its merits and provide the financial support necessary to progress your claim.
At Case Capital our primary focus is on commercial and high-value civil claims – typically involving businesses, investors, or professionals. However, we do occasionally consider claims brought by individuals, but only where they meet strict criteria.
To qualify, an individual claim must show a minimum of $500,000 USD* in provable, demonstrable loss (for example: unpaid stock options, contractual damages, or verified financial losses), and have strong legal merit and a realistic path to recovery against a well resourced defendant.
Examples we might consider:
✓ A founder forced out of their company claiming lost shares or options.
✓ An investor with a clear contractual right to a return that was withheld.
✓ An individual who arranged business introductions under a contract but was denied commission/referral payments.
✓ An artist whose valuable works have been plagiarised by a well resourced and identifiable defendant.
✓ A patent holder enforcing rights against infringement.
✓ Very high-value (8 figure+) matrimonial disputes or contested probate cases.
Examples we would not consider:
✗ Residential property damage or home insurance disputes (e.g. water leaks, storm repairs, roof damage).
✗ Personal injury or medical negligence claims.
✗ Small contractual disputes or debt claims below our minimum threshold.
✗ Consumer complaints (e.g. faulty goods, service issues, or travel claims).
✗ Lower-value (sub-8 figure) matrimonial or probate cases.
See our eligibility guide to learn more, or contact us.
Because litigation funders offer non-recourse finance, they are inevitably selective about the cases they fund.
Should you have a meritorious claim that nevertheless does not meet the criteria for funding, we can still help you find alternative solutions- such as law firms willing to act on a “no win, no fee” or “no win, low fee” basis, fixed fee billing, and additional protective products such as litigation insurance.
Don't hesitate to contact us to learn more.
Absolutely. We frequently work with law firms, solicitors, barristers, and other advisers who are seeking financing on behalf of their clients.
If you’d like to discuss a matter please contact us .
Litigation finance and adverse costs insurance provide very substantial financial protection. In practice, these solutions can remove the need for upfront costs and significantly reduce the financial risks of pursuing a claim. However, it is important to note that in some rare situations or edge-case scenarios, some residual risks may still remain:
Breach of funding agreement: If you fail to comply with the funding agreement—such as withholding key information, acting in bad faith, or refusing to help progress the claim—the funder may withdraw support.
Funder insolvency: Though rare, the funder itself may face financial distress or bankruptcy, leaving you without the anticipated funding.
Case merits substantially deteriorate: Although uncommon, a funder may reconsider their support if unexpected events like damaging new evidence or a precedent-setting ruling greatly weaken your case. If this happens, funders typically engage in collaborative discussions with you and your legal team to reassess the claim’s viability before making any decisions
Insurance policy limits: Adverse costs insurance covers opponent’s costs up to a set limit. If costs exceed this, you may be liable for the excess. However, this risk is minimised by the court’s cost budgeting process, which ensures transparency and penalises unreasonable overruns, enabling insurers to set realistic policy limits. Exceeding these limits is rare.
Excluded expenses: Some costs (e.g. court sanctions or legal misconduct penalties) might be excluded from insurance coverage.
While exceptions and residual risks exist, the combination of litigation finance and adverse costs insurance provides a greatly superior level of financial protection compared to self-funding without insurance.
By mitigating edge-case risks and working with trusted funders and insurers, businesses can pursue valuable claims with confidence, knowing their financial exposure is minimised as far as possible.
You can learn more about this topic, and further risk mitigation strategies, in our free deep dive guides.
Yes, some funders can reimburse retrospective costs. If you have already incurred legal expenses for your claim, certain funders may agree to cover those costs, providing you with financial relief while you continue pursuing your case. This allows you to recover previously spent resources and allocate them to other priorities.
Yes, some funders can offer an additional sum to help cover your business or operational expenses while your claim is ongoing. This can be particularly valuable for ensuring your business remains financially stable and continues to operate smoothly while you await the outcome of your case.
Because litigation finance is non-recourse, it is typically structured as a success-based arrangement (similar to a lawyer’s no-win, no-fee agreement). Funders may take an agreed percentage of the damages recovered, a multiple of the capital they advanced (often with a return cap), or a hybrid of the two.
The exact pricing reflects the level of risk the funder assumes in backing the case, and can vary based on factors such as the complexity of the claim, the duration, and the amount of funding provided.
You can learn much more about the detail of pricing, and how to negotiate the best deal, in our deep dive guide- Litigation Finance Pricing: How Fees Work & Negotiating The Right Deal
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