Our Approach

We apply speed and collaborative rigour to our case selection, with a focus on commercial disputes and class actions.

Investment Criteria

Commercial disputes and class actions.

We invest in commercial disputes (litigation and arbitration) and class actions in the UK, Australia, and other common law jurisdictions (outside of the USA).

A strong legal team has been instructed (or will be instructed)
Senior counsel has advised that the claim has strong prospects of success
Provable damages are at least £15 million
A funding requirement of at least £1M
Creditworthy defendant and clear path to recovery
Areas of focus
 
Contractual disputes
 
Shareholder and partnership disputes
 
Group / class actions
 
Real estate disputes
 
Civil fraud
 
Insolvency
 
Competition and follow-on damages
 
Professional negligence

Commercial disputes and class actions

Due diligence and funding process

We conduct our due diligence in-house. This provides us with a better understanding of the case, the legal team and the claimant, and enables us to make investment decisions quickly and efficiently.

We instruct external experts as necessary and work closely with them to test merits and value of the claim.

Our due diligence and funding process involves the following five steps:

We listen

We discuss the case with the client or lawyer.

Initial review

We review key documents and the case budget. If we cannot invest, we will tell you quickly. If the case meets our criteria, we will present it to the Investment Committee.

Indicative offer

Subject to the Investment Committee, we will issue a conditional funding term sheet.

Due dillegence

We conduct due diligence and if the case still meets our criteria, we make a second presentation to the Investment Committee to confirm our offer to fund.

Investment

We pay the legal costs on a monthly basis and provide our expertise and support if requested.

Terms and pricing

We provide litigation finance on terms which best fit the objectives of the client and its legal team.

Our litigation finance is usually provided on a non-recourse basis, meaning that we only earn a return if a claim is resolved successfully.  Our return, which is generally calculated as a proportion of any proceeds ultimately recovered, reflects the risk-profile and likely duration of the claim.

Case monitoring and support

We monitor all of our claim investments by speaking regularly with our clients and their legal teams.

We offer our expertise and experience on case issues where we can assist and when invited to do so by the claimant and legal team. However, we do not interfere with the conduct of the case or make decisions about whether to settle the claim.

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