 | | | | What do we look for in a case? | | We look for 4 key elements in a claim. All 4 of these must be satisfied if we are to consider the matter for commercial litigation funding. The demand for our funding is always very high and therefore we must decide which cases best satisfy our criteria, which are:
Creditworthy Defendant: Does the defendant have the ability to satisfy the claim - what is its asset position and where are those assets located?
Good Legal Merits: What are the legal merits of the claim? Merits means not only a strong case on liability but a clear comprehensible basis for the value of the claim. In addition we will want to know how long it is likely to take for the matter to come to trial or final hearing. The more developed a case is, the better. Written advice on these issues from your legal representative is desirable as it will expedite our evaluation process.
Proportionate Costs: How much will the claim cost to run? This includes all own side legal and experts' costs and estimated adverse costs through to trial or final hearing. An estimate provided by the legal advisor will be required in order to consider a case for funding. While we do not insist that your advisor works on a conditional fee basis, we will look at a case more favourably if the advisors are prepared to take some risk on their fees because it helps to demonstrate their confidence in the merits of your case.
Experienced Legal Team: Is the advisor running the claim someone with demonstrable experience in the area of law to which the claim relates? We only fund cases where the representative has such experience. | |
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