Commercial Litigation Funding: It’s A Gamble

All gamblers play to win and all investor’s hope to profit. Third party litigation funders walk this same hopeful line.

By choosing carefully which cases to back, funders stack the odds in their favour. But like all matters which come down to a decision being made by a party, over which you have no control, there is always a risk. Commercial litigation funding typically is non-recourse. If the case is won, the money injected as funding is reimbursed to the funder along with a success fee. Win, Win. However if the case is lost so is the funding. Lose, Lose.

Corporate and High Net worth litigants rely on third party investors to help them proceed with their case. The money given is of no relevance to the case, nor does it affect the financial report for the company. What it does do however is relieve the pressure on the litigant when it comes to elements such as legal fees. Win Win for the litigant.

Third party litigation funding is beneficial for litigants in more than one way. As well as helping to cover the costs of proceeding, in many cases the funders have experience which they can impart as advice or alternatively will have contacts in the field that are happy to assist. Win, Win for the litigant.

Like all situations where the outcome is not guaranteed there are risks. Sometimes you win, sometimes you lose. However if you are a litigant who has secured commercial litigation funding, chances are you are on to a winner.

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