Funding criteria

At Harbour, we are selective about the cases that we support.

We have a number of different funding products to suit your particular specifications.

From the outset, we ask a number of key questions to help us determine whether a case is suitable for funding. Our funding criteria are designed to help you understand if your case could be funded and we work with you to establish if the criteria have been met.

12345Can an award or judgment be enforced? It is imperative that successful claims are capable of being enforced and that the defendant has the means to satisfy a judgment or an award. It is critical to all parties to map out the path to recovery before we can invest in a case.2What is the realistic value of the claim? Unless part of a portfolio, it is extremely rare that we would fund a case worth less than £10 million. For class actions, there is no lower limit for the value of each individual claim, however the aggregate value of all claims in the class must meet our minimum threshold. Our primary concern is that wherever possible, a claimant would receive the majority of the damages after the costs of running the case have been met, and we have made a return on our investment.Does the claim have good prospects of success? We only back cases that we believe can be won on their merits. From the outset, we look for a robust case theory and supportive expert and legal opinions.How realistic are the budgeted costs? We ring-fence the entire budget for each new case we fund from the moment it is approved. We do not, as some funders do, overcommit (or ‘leverage) our funds to multiple cases. So there is no risk of monies not being available to pay the bills for a case. We therefore need to see a realistic case budget that accounts for the inherent uncertainties of largescale litigation or arbitration. Adverse costs exposures need to be quantified so that After the Event insurance premiums can be budgeted for. Is the legal team fully equipped to lead this case? The cases that we fund are invariably defended by experienced defence lawyers. It is essential that the claimants lawyers are firstclass litigators with relevant experience as well.
Working with us

The litigation funding market is increasingly crowded but Harbour stands out as one of a handful of providers who are reliable, commercial and pragmatic in their approach.

— Paul Worth, Joint Head of Litigation Eversheds Sutherland

You are dealing with professionals who both understand the ups and downs of litigation, but also have the commercial awareness of which cases are likely to work for them.

— Richard Leedham, Mishcon de Reya

They operate at the Rolls-Royce end of the market, funding serious cases with staff who can actually add value in the context of litigation. It's very useful to have a litigation funder who does not back seat drive. They bring very useful and objective solutions.

— Chambers & Partners 2020

They have real depth of experience in funding group claims, better than other funders for the UK. Real experts in that area.

— Chambers & Partners 2020

Harbour are like royalty. Very, very good, very polished and very sophisticated. They give you a very quick turnaround, and get cases in and out the door. The thing I like about them is that when they are not interested, they give you a quick no.

— Chambers & Partners 2020

They are experienced and know their market, which really helps when they are in front of clients. They also have a track record with which many of the newer funders struggle to compete.

— Paul Worth, Joint Head of Litigation Eversheds Sutherland

Harbour is not afraid to talk about out-of-the-box commercial agreements and to bring in other high-end firms who can add value to the process in Australia. Sophisticated and high-end funding, very complex cases. Love their thinking and their ingenuity.

— Chambers & Partners 2020

We don’t see Harbour as just funders – we see them as business partners – and that we are in the case together to get the best result for the clients (or the class).

— Johnson Winter & Slattery

Impeccable reputation in the marketplace.

— Chambers & Partners 2019

Never met a funder so involved – they work hand in glove with their clients.

— Chambers & Partners 2019

Early on, thought-through decisions are reached about cases which means minimum frustration for clients. As cases progress the team are always willing to discuss any aspect while maintaining the correct distance.

— Richard Leedham, Mishcon de Reya

They listen to what you say, then form their own view and put in a realistic contingency to use if needed.

— Chambers & Partners 2019

The perfect funder needs to be somewhere between a traditional lawyer and a hedge fund manager. It’s essential to have a legal understanding yet to be very commercial.

— Ben Williams, King & Spalding

Case studies

Sotheby’s

A professional negligence claim against Sotheby’s for its alleged failure to identify the true provenance of a painting sold at auction.

Rockhopper

An arbitration against the Italian state for the forfeiture of valuable oil exploration licenses previously granted to Rockhopper Exploration plc.

Brambles

A shareholder class action against Brambles Limited for allegedly providing misleading sales and profit forecasts without a reasonable basis to do so. 

Our team

We have a diverse group of people, all of whom understand what is required to progress a case. All have specialist litigation and arbitration experience in numerous jurisdictions. They have the creativity and problem solving capacity to take your case to completion.

Meet everyone

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