Litigation & Arbitration Funding
We fund the litigation. Your portfolio company focuses on its business.
Our focus: Commercial disputes and class actions in the UK, Australia, and other common law jurisdictions
Expect more from your funder
INDEPENDENCE
Unlike some funders, we have delegated authority over the funds we manage and are not beholden to a distant investment committee at another institution. When you deal with us, you deal with the decision makers.
SPEED
We make a litigation finance proposal more quickly than other funders because we have an experienced team, internal due diligence capabilities and a collaborative approach.
EXPERTISE
We can bring a fresh view on litigation strategy to the case, with over 100 years of litigation experience.
FLEXIBILITY
We provide finance that is tailored to your dispute and your requirements. We offer full or partial legal fee funding, and disbursement-only funding arrangements. We can invest at any stage of the dispute.
Insights
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Robert Rothkopf discusses litigation finance on The Money Maze Podcast
The Money Maze Podcast hosted by Simon Brewer and Will Campion is an award-winning podcast that helps listeners navigate the world of finance.
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Balance recognised in major legal directories for 2021
Balance has been recognised again in 2021 in Chambers & Partners, The Legal 500, and Law Dragon Global Leaders.
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Balance is the first non-Australian funder to be awarded AFSL
We are pleased to announce that Balance Legal Capital has been granted an Australian Financial Services Licence (AFSL) by the Australian Securities & Investments Commission (ASIC) effective from 21 April 2021
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Robert Rothkopf and Oliver Hayes recognised as Thought Leaders in Third-Party Funding by Who’s Who Legal 2020
We are pleased to announce that Robert Rothkopf and Oliver Hayes have both been recognised as Thought Leaders in Third-Party Funding 2020 by Who’s Who Legal.
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Simon Burnett appointed to board of ALFA
We’re proud to announce that Simon Burnett has been appointed to the board of the Association of Litigation Funders of Australia (ALFA) as of June 2020.
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Robert Rothkopf quoted in The Lawyer
Robert Rothkopf quoted in The Lawyer – “Levelling up litigation: the past, present and future of third-party funding” – July 2020.
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Balance Legal Capital has been ranked for the third year running by Chambers and Partners UK
Balance Legal Capital has been ranked for the third year running by Chambers and Partners UK and now also in Chambers and Partners APAC.
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Balance’s submission to the Australian Parliamentary Inquiry into litigation funding and class actions
Here's Balance Legal Capital's submission to the Australian Parliamentary Inquiry on litigation funding and class actions.
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Robert Rothkopf recognised in 100 Global Leaders in Legal Finance by Lawdragon 2020.
"I hadn't realised there were more than 100 people in the legal finance industry. But still - very pleased to have made it into the 2020 Lawdragon Global 100 Leaders in Legal Finance."
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Balance Legal Capital raises new US$100m litigation fund
We are pleased to announce the launch of our new fund, and the next step in the firm’s growth. The interest we’ve had from investors is testament to the success of the business so far, the calibre of our team, and our ability to provide a great service to litigants and law firms.
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Litigation funding in England & Wales: What is it and should clients consider deploying it?
In a conversation with Kylie Ansbro of Balance Legal Capital, Burness Paull explores the role and key advantages of litigation funding in the resolution of commercial disputes.
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3 techniques to improve litigation superforecasting
What are the fundamentals in predicting litigation outcomes? Watch Managing Partner, Robert Rothkopf, as he shares the three techniques that we use to improve our forecasting accuracy.
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Robert Rothkopf appointed to board of ALF
We’re proud to announce that Robert Rothkopf has been appointed to the board of the Association of Litigation Funders of England & Wales (ALF) as of September 2019.
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Solicitors more confident than barristers
Our survey found that solicitors apply higher % scores than barristers to the same prospects advice phrases, suggesting that barristers take a more pessimistic view of case prospects than solicitors even though they might use the same language.
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Litigation Superforecasting Survey Results Part 1: Miscommunication in legal advice
Our survey results show that without % numbers in prospects advice, the stock phrases lawyers use in legal advice are bound to confuse.
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Arbitration Funding in Singapore – A New Chapter
A new chapter – “Arbitration Funding in Singapore” – co-authored by Robert Rothkopf of Balance Legal Capital, has been added to the second edition of the seminal text book – “Singapore International Arbitration: Law & Practice”, published in June 2018 by LexisNexis.
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Robert Rothkopf Featured In Legal Week
Balance Legal Capital's Robert Rothkopf has been featured in a piece written by Legal Week. The article explores Balance's early days, the growing team and what's next for the business.
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High praise for Balance Legal Capital in Chambers and Partners’ Litigation Funding ranking
As reported by Chambers and Partners, market sources described Balance as an “energetic” funder, “a market disrupter” in the litigation funding industry, gaining a reputation as being “up and coming, and hungry”.
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Balance funds landmark class action proceedings for farmers against seed manufacturer
Balance is pleased to announce that it is financing Queensland’s first-ever class action proceedings, assisting a group of farmers in their claims against a seed manufacturer.
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Class Action Regimes: A Comparison
‘Representative’, ‘class’ or “group” actions allow collective redress in civil litigation in England & Wales, Australia and the United States. However, there are critical differences between the rules that govern such actions in these jurisdictions, not only in relation to the procedural hurdles but also regarding the role of litigation funding.
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Third-party funding in arbitration—a funder’s view
Third-party funding remains in the spotlight in international arbitration and will come under renewed scrutiny following publication of the draft report of the task force established in 2013 jointly by ICCA and Queen Mary University of London. The report is available for public comment until 31 October 2017.
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Balance joins Association of Litigation Funders
Balance Legal Capital has become a Funder Member of the Association of Litigation Funders (ALF), the independent body authorised by the Ministry of Justice to deliver self-regulation of litigation funding in England and Wales.
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Costs of third party funding and international arbitration
Robert Rothkopf speaks about allocation of third party funding costs in international arbitration at ICC YAF Conference in Zurich on 30 June 2017.
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Balance appointed to Eversheds Sutherland litigation funding panel
Leading international law firm, Eversheds Sutherland, has appointed Balance Legal Capital to its litigation funding panel, following a selection process led by Paul Worth, Evershed’s Litigation Practice Group Head.
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Litigation grandee Ian Terry joins Investment Committee at Balance Legal Capital
Balance Legal Capital is pleased to announce its continuing expansion, with the appointment of former Freshfields managing partner/head of disputes and One Essex Court mediator, Ian Terry, to its Investment Committee.
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Beyond Grey Hair and Gut Instincts: Using Decision Trees to Supplement Analysis in Litigation
Balance Legal Capital’s Simon Burnett wrote a piece for International Corporate Rescue last month. The article discusses the use of decision trees in litigation analysis.
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The King of Litigation
Flattering account of the Balance Legal Capital event at the House of Lords last night by Edward Fennell in The Times this morning (1 December 2016).
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A dormant advantage of arbitration emerges: arbitrators have the power to order a losing party to pay claimant’s third party litigation funding costs
The recent case of Essar v Norscot has clarified that an arbitrator’s general power to award costs includes the power to award the costs of third party funding. In so doing, has arbitration gained an unexpected advantage over litigation for claimants that require third party funding?
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Litigation Superforecasting, Part 3: A Way of Thinking
In this part 3 of our series on "Litigation Superforecasting", we discuss the habits of thought honed by Tetlock's superforecasters, and apply them to litigation and arbitration.
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Simon Burnett featured in Australasian Lawyer
The Australasian Lawyer have written a feature on Balance Legal Capital's Simon Burnett.
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Litigation Superforecasting, Part 2: hedgehogs and foxes
This is the second part of a three-part series from Balance Legal Capital on “Litigation Superforecasting”, inspired by a recent book called “Superforecasting – The Art & Science of Prediction” by Philip Tetlock and Dan Gardner.
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Balance sponsors CrowdJustice initiative to support legal aid unit
Balance Legal Capital is sponsoring the Ipswich and Suffolk Council for Racial Equality in their fundraising project ‘Tackling Discrimination in the East’.
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Legal Costs management with Litigation Finance
On the back of Shell’s recent review of its global legal panel, Simon Burnett of Balance Legal Capital examines the dangers of overemphasizing price-related factors in selecting panel firms and discusses litigation finance as an alternative means of reducing external litigation spend.
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Robert Rothkopf to speak at JLT Commercial Litigation Conference – 12 May 2016
On 12 May 2016, Robert Rothkopf of Balance Legal Capital will be speaking at the JLT Commercial Litigation Conference, as a member of the panel for the third party funding discussion 'The present, the future and everything in between'.
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Litigation Superforecasting, Part 1: put a number on it
This is the first of a three-part series in which Robert Rothkopf extracts important lessons for litigators and consumers of legal advice from the recent book “Superforecasting – The Art & Science of Prediction”. Part 1 focuses on the need for lawyers to embrace the use of percentage probabilities when considering the merits of a case, not only to reduce the scope for confusion but also to improve the accuracy of litigation forecasts.
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Transfers to the Financial List – a tactic for litigants?
Oliver Hayes of Balance Legal Capital comments on recent transfers to the High Court’s Financial List, and considers whether transfer applications could be used as a litigation tactic.
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Levelling the Playing Field: The Benefits of Litigation Finance for Growth Companies
How can litigation finance benefit growth companies? Simon Burnett draws on lessons from a recent case in which Balance Legal Capital supported a growth-stage content aggregation business in the UK in an IP dispute with a Silicon Valley social media company, to explain how litigation funding works and the potential benefits of this type of finance for growth companies.
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London Business School Asset Management Conference 2016
On Friday 4 March 2016, Balance Legal Capital attended London Business School’s Asset Management Conference at Gibson Hall in London. Panellists at the event including the former Governor of the Bank of England Lord Mervyn King, addressed the topic of how asset managers and investors are ‘navigating a low return world’.
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A short note on the key benefits of litigation finance for business
In this short note, Kylie Ansbro of Balance Legal Capital summarises the key benefits of litigation finance.
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Arbitration finance: Show me the settlement strategy
In this blog, Robert Rothkopf, Managing Partner of Balance Legal Capital LLP, argues that the call for arbitration counsel to do more to encourage settlement should be complemented by tribunals and institutions in imposing costs consequences for losing parties in the costs award.
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Arbitration Funding: Innovation at LCIA and ICC spells good news for users of arbitration funding
This blog by Robert Rothkopf, Managing Partner of Balance Legal Capital LLP, argues that recent initiatives of the LCIA and the ICC after the QMWC 2015 survey should be welcomed as they not only increase certainty and efficiency for users of arbitration, but will also increase the number of meritorious arbitrations suitable for financial support from third-party funders.
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Get Litigation Funding: What we look for in a litigation funding application
In this post, Simon Burnett, Partner at Balance Legal Capital, gives a brief overview of five key features that Balance looks for when considering a case for funding. Covering these will ensure that your request for funding is considered as efficiently as possible.
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The Allen & Overy Public International Law Debate
Allen & Overy Public International Law Debate: Has the time come for the establishment of a permanent investment court?
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Balance Legal Capital sponsors EFILA investment treaty arbitration lecture
Balance Legal Capital is proud to sponsor the 2015 Annual Lecture of the European Federation for Investment Law and Arbitration (EFILA), delivered on 26 November 2015 by Sophie Nappert - "Escaping From Freedom? The Dilemma of an Improved ISDS Mechanism".
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Financial disputes funding boosted by UK High Court Financial List?
In this short note, Oliver Hayes of Balance Legal Capital comments on the potential benefits of the High Court’s new Financial List and its impact on financial litigation funding.
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Competition litigation funding: New UK competition litigation regime brings uncertainties for claimants and funders
In this article, Oliver Hayes of Balance Legal Capital considers uncertainties for claimants and funders with regards to the new UK collective action regime, which was introduced by the Consumer Rights Act on 1 October 2015.
