1

Initial Case Assessment

Check case meets investment criteria

  • recoverability
  • merits
  • economics
  • legal team expertise

Execute Common Interest and Confidentiality Agreement


Letter of Intent

Review information and provide feedback within 48 hours

Set out proposed pricing and
other terms in a Letter of Intent

Period of exclusivity to conclude Investment Agreement


Detailed Due Diligence

Undertake defendant asset review

Refresh or seek second legal opinion and valuation report

Analyse costs estimate and prepare budget

Interview key lawyers and witnesses

Perform background check on claimant

Issue draft Investment Agreement


Submission to Investment Committee

Prepare submission for the Investment Committee

Submissions made one week in advance


 

Investment Committee Meeting

Investment Committee meets twice a month

Committee makes its recommendation based upon a thorough consideration of:

  • case analysis
  • budget
  • financial analysis
  • other relevant documents

 


The General Partners Acting on Behalf of the Harbour Funds Make Investment Decision

The Investment Committee makes a recommendation to the Investment Advisers of the General Partner Board so that they can then make a fully informed investment decision on behalf of the relevant Harbour Fund


Investment Agreement Signed

Issued after approval of the investment by the Harbour Funds

Incorporates the conditions that will have to be satisfied prior to funding being made available


Monthly Report and Monthly Billing

Provided by the claimant’s lawyers to ensure that communication is open and regular

Monthly reports enable regular investment updates to General Partner Boards


Harbour to:

Review and pay bills in line with the Investment Agreement and Budget

Attend key strategy meetings

Review key documents

Be informed of key decisions

Be informed of any settlement approach

Ensure respect to appropriate role boundaries

Harbour and the Harbour Funds do not manage or seek to influence the prosecution of the claim by the legal team


Case Conclusion

The Harbour Funds can withdraw funding only in clearly defined circumstances including if there is a material adverse decline in the prospects of recovery

The claimant only pays the Harbour Funds on achieving a successful case conclusion and will never pay more than is recovered

If the case is unsuccessful all agreed costs up to the date the case is lost or discontinued are borne by the Harbour Funds