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 and high-value private clients to multinational corporates and global investment funds, litigation finance supports claimants at every scale.
Scalable
Get financing to match your case requirements. Funding starts from as little as USD 50K* for smaller claims, up to 8 figures in lending for the highest value disputes.
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, the up-front cost is simply unaffordable.
Even for larger companies, litigation diverts capital away from growth or revenue-generating priorities, reduces borrowing capacity, depresses earnings, restricts financial flexibility, and imposes substantial opportunity costs.
Risk of Capital Loss and Adverse Costs
Contested litigation carries substantial downside risk. You pursue a claim with the intent to recover losses, yet losing leaves you financially worse off than when you started.
You forfeit your own legal spend and, in many jurisdictions, may be required to reimburse your opponent’s legal fees as well. This asymmetric risk exposure often deters otherwise meritorious claims.
Operational and Strategic Distraction
The financial burden of litigation diverts resources and focus from core operations. Leadership time and attention are pulled away from revenue-generating priorities.
These distractions compound over time, often forcing reactive decision-making and undermining both day-to-day performance and long-term execution.
A Smarter Way to Fund High-Stakes Litigation
Litigation finance helps businesses, investors, and claimants overcome the prohibitive cost, risk, and disruption of a lawsuit.
With litigation finance a specialist third-party funder advances capital to cover your legal fees and expenses— letting you access the support you need without the up-front costs or accounting impact, and with reduced financial risk.
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 use working capital, helping you 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 you preserve financial performance, protect earnings, maintain borrowing capacity, and enhance shareholder 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 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.
Our Process
1
Discovery call
Book a free 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
Who We Are & How It Works
Barrister founded and led
Case Capital was founded by barrister Neil Johnstone to addresses a common challenge he observed during his practise: businesses with strong claims were often unable or unwilling to pursue them due to costs constraints
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 you the financial backing you need- allowing you to focus on your case safe in the knowledge that you’re set up for success, both legally and financially
Discover litigation finance offers with just one easy application
Our comprehensive fully done-for-you service is designed to take the stress out of financing your legal claim
Here's how we can help:
- We will objectively evaluate your eligibility for non-recourse litigation finance
- We then conduct an in-depth market search to find you competitve funding offers
- We can also arrange specialist litigation insurance to protect you against the risk of adverse costs
- If needed we can also connect you with top legal teams that are best suited to fight your case
- We can also explore alternatives to litigation finance such as "no win, no fee" or "no win, low fee" representation, if appropriate
Our modular service means you can choose only the services you need, or opt for our full suite
With just one application and a single point of contact you can find the support you need
Our step-by-step process to find you funding
- Start with a free 15-Minute discovery call
Your first step is a quick no-obligation call to discuss your financing options - Schedule your deep dive consultation
Packed with expert insights and actionable advice, this session will analyse the merits of your claim and your eligibility for funding, and identify the best way forward - We conduct an in-depth funding search
Sit back and relax while we leverage our extensive industry network to find you suitable funding offers—saving you time and effort
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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