Outsource your litigation risk
On a non-recourse
Off-balance-sheet basis
Using specialist litigation finance
Financing Commercial Claims
Case Capital helps clients identify and access financing and risk-management options for high-value commercial disputes, including:
- Specialist litigation finance— Access non-recourse off-balance-sheet litigation finance to fund some or all of your legal spend, with the funder’s return generally payable only if the claim succeeds.
- Recourse commercial finance— Where the business can support conventional borrowing, access specialist lenders willing to offer finance in the context of an ongoing commercial claim.
- Targeted market access— Based on our market knowledge and provider relationships, we match you with funders and lenders whose current mandates fit your claim and financing requirement.
Watch our barrister-founder explain how Case Capital helps claimants work through the financing decision and navigate the process from first enquiry to market approach.
How it works
Litigation finance allows commercial and other high-value claimants to use third-party capital to fund the costs of pursuing a legal claim.
Funding is generally provided on a non-recourse basis: the funder is repaid from the proceeds if the claim succeeds, and nothing is owed to the funder if the claim fails. It can also often be structured on an off-balance-sheet basis, reducing the claimant’s own capital commitment and transferring much of the financial downside of pursuing the claim.
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
Funding is available across a wide range of disputes, including contract, intellectual property, shareholder, real estate, insolvency, arbitration or competition claims.
Global
Access financing worldwide, with solutions available in many jurisdictions, so you can pursue your case no matter where it takes you.
Four Commercial Barriers Litigation Finance Can Address
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 dissuades claimants from pursuing otherwise viable claims.
Capital Constraints & Inefficiency
Litigation can tie 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 gives businesses, investors and other claimants a capital-efficient way to manage the cost, risk and resource demands of substantial litigation.
Specialist finance for legal fees & expenses
Funding can cover your litigation costs— including law firm fees, specialist counsel fees, expert witnesses costs, court fees, and other approved expenses.
Funding can help you hire leading law firms or senior counsel without budget driving the choice.
No upfront capital commitment
Repayment is typically contingent on a successful recovery and structured to be paid directly from the claim proceeds—so you do not need to deploy internal capital during the case.
For businesses and investors, this helps safeguard cash flow and preserve EBITDA.
Non-recourse facility
Non-recourse finance means that if you don’t win your claim, you don’t repay the funder. This materially reduces your own-side cost risk, allowing you to pursue a valuable claim without putting your own capital at risk.
Non-recourse financial backing can also signal strong case merits, enhance settlement leverage, and give you access to experienced funder input throughout the claim.
Off-balance-sheet finance
Litigation finance is commonly structured on an off-balance-sheet basis, moving the cost of pursuing the claim onto the funder’s balance sheet rather than your own.
This can help businesses and investors preserve financial performance, protect earnings and returns, maintain borrowing capacity, and enhance stakeholder value.
Reduce 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—reducing opportunity costs and improving potential returns.
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 can also strengthen your settlement position by reducing downside pressure.
- Private & public companies across a range of sectors
- Institutional investors
- Fiduciaries (liquidators, trustees)
- Start-ups & entrepreneurs
- Universities & research institutions
- Trade associations & industry bodies
- Charities & non-profits
- Individuals with substantial claims
Why Clients 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 claim— 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 can provide a more capital-efficient way to manage the cost and risk of litigation.
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.
Different reasons, same financing decision
Whether you’re seeking funding because capital is constrained or choosing it strategically, litigation finance can give you greater control over cost, risk and capital allocation.
Discover how litigation funding works in practice — from funding structures and pricing mechanics to insurance and other risk-transfer mechanisms — with our in-depth guides.
Our Process
Submit an initial enquiry
Submit a short initial enquiry so we can understand the claim, the financing requirement and what you are trying to achieve.
Identify the financing route
If the matter appears suitable, we look at the claim, the business and the economics to understand which financing routes are worth exploring.
Target the right providers
Where external finance is appropriate, we use our market knowledge and provider relationships to match you with relevant funders or lenders and coordinate a focused approach to the market.
Explore your financing 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, risk, or balance-sheet impact of litigation.
Case Capital was built to bridge the gap between a substantial claim and the capital needed to pursue it. We help claimants understand the available financing routes and, where external capital makes sense, use our market knowledge and provider relationships to connect them with relevant funders and lenders.
Our Mission
Our mission is to make the financing decision around a substantial claim clearer and easier to execute — helping claimants understand the trade-offs, make an informed decision and, where appropriate, reach the right section of the market.
Finance for Commercial Claims
Case Capital helps claimants decide how to finance and de-risk substantial commercial claims. We start with the financing question, not a particular product.
Depending on the claim, the business and the economics, that may involve:
- Non-recourse litigation finance — accessing specialist capital where the funder takes the risk of its investment.
- Recourse commercial finance — where conventional borrowing may provide a better fit for the business.
- Targeted market access — using our market knowledge and provider relationships to match you with funders and lenders whose current mandates fit the claim and financing requirement.
- Additional support where relevant — including adverse costs insurance or introductions to specialist legal and other providers.
Where external finance is pursued, we coordinate the initial market approach and information flow through to a decision.
A Focused Process from Initial Enquiry to Financing Decision
We use a clear, disciplined process to assess your case and connect you with appropriate funding and risk-management solutions:
- Understand the claim and financing objective
We start with the claim, the capital requirement and what you are trying to achieve. - Identify the financing route
We look at the claim, the business and the economics to determine which routes are worth pursuing — whether non-recourse litigation finance, recourse commercial finance or another approach. - Target the right providers
Where external finance is appropriate, we use our market knowledge and provider relationships to match you with funders or lenders whose current mandates fit the claim and financing requirement. - Coordination through to decision
We manage the initial communication and information flow, helping move the process forward through provider discussions and towards a financing decision.
For a fuller explanation see our process guide.
How Litigation Finance Is Priced
Funding terms vary by jurisdiction and provider, but most non-recourse litigation funders typically charge:
- A percentage of the damages recovered,
- A multiple of the capital advanced, or;
- A hybrid of both (sometimes with a return cap)
Pricing is assessed on a case-by-case basis and reflects the risk profile, complexity, duration, and funding needs of your claim. Even once the funder’s return is taken into account, litigation finance may provide a superior risk-adjusted outcome compared to self-funding, because it helps removes downside exposure, preserves capital, and can enhance overall return efficiency.
For a detailed breakdown of litigation finance pricing see our pricing guide.
Case Capital Fees
In most cases, you do not pay Case Capital directly. We operate as an independent gatewayto litigation funding and specialist providers. Our role is to give you structured access to the relevant market — not to steer you towards any single provider.
Our usual model is to receive a success-based fee from the provider. For commercial finance,that fee is generally payable when the financing is agreed or completes. For litigation finance, our fee is typically contingent on the funded claim succeeding and is paid from, or calculated by reference to, the resulting recovery.
- Do not create an additional fee payable by you to Case Capital; and
- Do not affect which offers are presented to you.
We work with a broad range of funders and you will always see every offer exactly as presented by each provider. You remain free to choose whichever provider you prefer, or none at all.
In some cases, the most suitable provider for your claim may not pay Case Capital a fee. If that happens, we may ask you to agree a separate fee before proceeding. No client-paid Case Capital fee is payable unless it has been specifically agreed with you in writing inadvance.
Neil Johnstone | Barrister & Founder, Case Capital
Before being called to the Bar, Neil served as a Royal Marines Officer and intelligence specialist. He later completed postgraduate study at Oxford and worked as a Service Prosecutor before transitioning into private practice.
This multidisciplinary background shapes Case Capital’s approach to financing commercial claims — combining legal experience with a practical understanding of risk, capital and commercial decision-making.
Professional Background
- Over a decade of courtroom experience: Represented clients across a wide range of civil claims, at court levels up to and including the Court of Appeal.
- Former Royal Marines Officer & intelligence specialist: One of the first operational Royal Marines Commandos selected for the Naval Legal Service.
- Academic excellence at leading institutions:
• Called to the Bar with distinction at City Law School
• Postgraduate study in Public International Law and the Law of Armed Conflict at the University of Oxford - Specialist prosecutor and Courts Martial advocate: Served as a Service Prosecutor before moving into private practice.
- Founded Case Capital: To help claimants understand and access appropriate financing routes for substantial claims.
A More Focused Financing Process
Before:
With Case Capital:
commercial litigation finance
Learn more
Access clear, practical guidance on financing commercial claims. Whether you are new to litigation finance or looking for deeper analysis, our resources explain the key options, economics and process.
FAQ
Litigation finance allows a claimant to use third-party capital to fund some or all of the costs of pursuing a legal claim.
It is generally provided on a non-recourse basis: if the claim succeeds, the funder receives an agreed return from the recovery. If the claim fails, the claimant does not repay the funder for the capital it has invested.
It can also often be structured as an off-balance-sheet facility, helping reduce the claimant’s own capital commitment while preserving cash and borrowing capacity.
For suitable claims, this can transfer much of the financial downside of pursuing the claim while allowing the claimant’s own capital to remain available for the business.
Case Capital helps claimants finance and de-risk substantial commercial and other high-value claims.
We start with the claim, the financing requirement and what the claimant is trying to achieve. We then help identify the financing routes that may fit and, where external capital is appropriate, use our market knowledge and provider relationships to match the matter with relevant funders or lenders.
We are independent and are not tied to any single finance provider. We do not fund claims ourselves and do not guarantee that finance will be available.
The main routes we work with are non-recourse litigation finance and recourse commercial finance.
For some claimants, non-recourse funding provides the right balance between preserving capital and transferring litigation risk. For others, conventional commercial finance may produce better economics, particularly where the business has sufficient cash flow, assets or borrowing capacity.
Where relevant, we may also assist with adverse costs insurance or introductions to specialist legal and other providers.
Case Capital focuses on substantial commercial and other high-value claims where the economics can support external finance.
Relevant factors include the value of the claim, legal merits and evidence, remaining litigation budget, likely duration, recoverability from the defendant and the route to enforcement.
A strong claim is not automatically financeable, and different providers have different mandates. If you are unsure whether your matter is within scope, a short initial enquiry is usually enough for us to decide whether it is appropriate to take the process further.
We first review the initial information you provide about the claim, its value, the financing requirement and the wider circumstances.
If the matter appears suitable for our process, we will arrange an initial discussion to understand the position in more detail and work through the relevant financing routes.
Where external finance is then pursued, we use our market knowledge and provider relationships to target appropriate funders or lenders and coordinate the initial market approach and information flow.
Case Capital is usually paid by the finance provider when an introduction results in a completed financing arrangement or a sucessful claim outcome.
The precise fee depends on the provider and the structure of the transaction. Where relevant, we will explain how Case Capital is being paid so that the commercial position is clear.
There is normally no fee payable by the claimant to Case Capital unless a separate fee has been agreed with you in writing in advance.
start an enquiry
Tell us about the claim, the financing requirement and what you are trying to achieve. We’ll review the information and, if the matter appears suitable for our process, arrange an initial discussion.