Litigation Funding

Litigation Funding


Litigation funding (‘funding’) is money in the form of an investment that enables a litigating client or the client’s Solicitor to prosecute a legal action. Funding can unlock the door to achieving a balance between risk and reward when proceeding with a legal action.

Sometimes, without sufficient funding, access to justice is denied because you don’t have the means or the nerve to see your case through to conclusion (or the financial muscle to stand up against Goliath).

Alternatively, you have the money but don’t wish to release capital to pay litigation costs; you want to use the money in other ways - funding gives you that option.

Funding is non-recourse, which means it is secured against the successful outcome and physical recovery of proceeds. In the event of a ‘win’, the Funder requires their money back plus a return on their investment; in the event of a ‘loss’, the Funder loses their money and you will normally have no liability or debt to the Funder.

Litigation Funders will consider bearing the cost and the risk for a single claim or a portfolio of recoveries.

 




How Our Services Work

Litigation Funding can be complicated and time-consuming to arrange. ULP are experienced Litigation Funding Brokers who will ensure that the process is streamlined.



1
Reduce your Time and Cost

With our expert knowledge and insight into how each Funder operates, ULP can save you valuable time and money by going to the right Funder at the right time. Most Funders require an element of exclusivity and therefore approaching the most appropriate Funder for your individual case first is vital to avoid delaying the progress of your litigation.


2
Understanding your Needs

ULP will take time to understand your risk appetite, tolerance and budget to deliver a package that suits your individual requirements. Usually this means negotiating a solution which enables you to retain as much of your winnings as possible. ULP are aware of the different returns on investment required by different Funders and can advise how this will affect your proceeds.


3
Managing Expectations

ULP will manage your expectations and keep you fully informed of the progress of your enquiry. Funding can be time-consuming to arrange and is not commercially viable for all litigation cases. ULP will help you to understand and assist you through the process.


4
Access to Expertise

ULP have extensive experience in the field and have strong relationships with most, if not all the Funders. We are in constant dialogue with both established Funders and new entrants into the marketplace so that we are aware of their appetite at any given moment in time.

We will use our knowledge to ensure the best possible outcome for you.


5
One Broker

In addition to arranging Funding, ULP are also a specialist After the Event (ATE) Insurance Broker and we will source any ATE required to support your litigation. In most cases the Funder will insist that ATE cover is arranged to protect against the adverse costs exposure and this may form an integral part of your Funding application.


6
Get a Policy

ULP’s Proposal Form is accepted by all Funders and Insurers. It may pay to seek a Consultancy Report from ULP to assess the likely cost of Funding as opposed to alternative options.




Who benefits from Litigation Funding?


Litigating Claimants - who need financial assistance when pursuing their Opponents.

Solicitors - can insure a portfolio of risks.

In-House Counsel - a number of claims are not pursued because of the cost and risk of doing so, but Litigation Funding can unlock this potential. Change your legal function from being a cost centre into a profit centre!

Private Equity Firms - good claims are left untouched when many of them could be run, paid for, and insured at no extra cost to the business. The cost of litigation can be removed or, at least, minimised from the balance sheet along with any provision made for adverse costs liability. Any recovery made is then added straight to the ‘bottom line’.




Proposal Form


In order for us to seek offers of Litigation Funding for you, please ask your Solicitor to complete a Proposal Form on your behalf and return it to us.

We charge a Fee of £250 (no VAT) for providing our Funding broking service for each Proposal submitted to us.

Download Application Form

Because any Funder is likely to insist that you take out ATE Litigation Insurance cover to – at least – cover your Opponent’s Costs (should you lose your legal action), or to pre-empt that you will want protection in any event, the Proposal Form includes certain ATE related questions as well as Funding related questions.

 

 

Frequently Asked questions


We have compiled a list of frequently asked questions and answers. But if your question is not listed, do call or email us