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 $30,000 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.
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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 $300,000 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.
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Examples we might consider:
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‍✓  A founder forced out of their company claiming lost shares or options.
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✓  An investor with a clear contractual right to a return that was withheld.
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✓   An individual who arranged business introductions under a contract but was denied commission/referral payments.
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✓   An artist whose valuable works have been plagiarised by a well resourced and identifiable defendant.
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✓   A patent holder enforcing rights against infringement.
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Examples we would not consider:
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‍✗  Residential property damage or home insurance disputes (e.g. water leaks, storm repairs, roof damage).
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✗   Personal injury or medical negligence claims.
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✗   Small contractual disputes or debt claims below our minimum threshold.
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✗   Consumer complaints (e.g. faulty goods, service issues, or travel claims).

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