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 financial risk-free 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 learn much more about the eligibility criteria for funding and application process in our deep dive guides.

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.

Funding is available from as little as $30k USD (or local equivalent). Upper limits are effectively unlimited, with the largest funders willing and able to invest 7 or 8 figure sums in the right claim.

Even companies with ample financial resources can benefit from litigation funding for several reasons:

Risk management: Non-recourse funding transfers the financial risk of legal disputes to the funder, protecting the company from financial loss if the litigation is unsuccessful, as the funder absorbs the loss. This protection ensures 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.

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.

At Case Capital we primarily focus on sourcing litigation finance for commercial entities. However, we can occasionally consider cases from individuals if they involve high value disputes, such as shareholder conflicts, intellectual property claims, and other complex matters. If your claim aligns with these criteria and you would like to discuss your options, please 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.

Yes, provided you adhere to the funding agreements terms, non-recourse finance means you own the funder nothing if your claim is unsuccessful. When combined with adverse costs insurance to cover any opponent's costs, this offers a financially risk-free way to pursue your claim.

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), meaning funders often take an agreed-upon percentage of the settlement or award, which reflects the level of risk they assume in financing the case.

This percentage can vary based on factors such as the complexity of the case, the duration, and the amount of funding provided. Alternatively,  pricing may include a multiple of the capital advanced (often with a  return cap), or a hybrid  of a return of capital plus a percentage of the damages award.

You can learn much more about the detail of pricing, and how to negotiate the best deal, in our deep dive guide-  Litigation Finance: How Does it Work in Practice & What Does it Cost?

We always offer a free initial consultation to discuss your case.

If you then choose to proceed with a market search for funding, we may ask you to sign an engagement agreement outlining our success fee, depending on the scope of work required.

This fee is only payable if we secure the right funding for you. If we don’t find funding that meets your needs, you owe us nothing.