Funding strategies that protect cash and maximise claims
Commercial disputes often hold significant unrealised value, but the cost of pursuing them can compete with other business priorities. Litigation funding allows businesses to pursue claims by providing third-party funding for some, or all, of the costs of a dispute. Together with other forms of dispute financing, such as after the event (ATE) insurance, conditional fee agreements (CFAs) and damages-based agreements (DBAs), it can help businesses pursue valuable claims while preserving working capital, managing risk and improving cash flow.
Our experience acting for both funded parties and funders gives us a detailed understanding of the litigation funding market and the commercial drivers on both sides of the transaction. Whether you’re exploring third-party funding, ATE insurance, or alternative fee arrangements such as CFAs and DBAs, we can help make the options clear, practical and commercially viable.
Our team advises businesses, investors, insolvency practitioners, financial institutions and litigation funders on funding structures and dispute financing arrangements that align with wider commercial objectives, not just the dispute itself.
We independently assess funding proposals, stress-test structures and documentation, negotiate robust terms and advise on funding and insurance arrangements that stand up to scrutiny. The goal is simple: reduce financial exposure, preserve working capital, and enable recovery at scale. With deep market insight, we cut through complexity and help you choose the right route, so your dispute becomes an asset, not a financial burden.
Recent experience
- independently reviewing, stress-testing and negotiating litigation funding agreements, ATE insurance policies and other dispute financing arrangements for high-value litigation and arbitration
- acting for clients on the restructuring and renegotiation of litigation funding arrangements following the Supreme Court’s decision in PACCAR and subsequent developments in the litigation funding market
- advising a proposed class representative on the funding and insurance arrangements for an opt-out collective action before the Competition Appeal Tribunal
- advising institutional investors on funding arrangements for shareholder litigation and other high-value commercial claims
- acting for a leading litigation funder on the structuring and negotiation of funding arrangements for complex group litigation
- acting for a high-net-worth individual on litigation funding arrangements for high-profile commercial litigation
- advising insolvency practitioners on funding strategies to pursue recovery and enforcement claims while preserving estate assets