Litigation and Arbitration Funding

UK

Whilst disputes, much like death and taxes, are an almost inevitable part of operating in our commercial world, our team can help you to manage the costs and risks traditionally associated with litigating. We provide innovative, pragmatic and clear commercial advice on cost sharing solutions to enable you to litigate on a costs and risk free basis.

You can expect our team to be:

Creative - our experts have a comprehensive understanding of the various costs sharing solutions available. From Conditional Fee Agreements and Damage Based Agreements, to After the Event Insurance products and Third Party Funding, our team can help you find the best de-risking solution for your needs;

Pragmatic - our team has vast knowledge of how various funding packages work and can give you clear, independent and pragmatic advice as to the key risks and feasibility of that package;

Efficient - we can call upon a tried and tested network of contacts in the ever developing insurance and funding market who share our approach to client service and can offer arrangements across a wide range of dispute including commercial disputes, insolvency, intellectual property and arbitration.

Our team regularly advises a broad client base of funders, institutional investors, sovereign wealth funds, commercial, corporate and public sector entities. Whether you are looking to manage a costs risk, reduce a corporate liability exposure or pursue "damages generating" litigation which might not have otherwise been pursued, our team can help you.

Client work

  • Advising UK and international pension funds, asset managers and sovereign wealth funds on funding and insurance packages offered in respect of UK shareholder actions including those against Lloyds, RBS and Tesco
  • Advising high street retailers regarding their participation in competition follow-on damages claims against MasterCard and Visa
  • Advising a Hong Kong listed corporate on funding and insurance issues relating to an International Centre for Settlement of Investment Disputes (ICSID) arbitration
  • Advising a US funder on transactional documents relating to a significant investment in a UK Competition Appeals Tribunal case
  • Advising a UK funder in respect of the structuring of an investment into an Anglo-Canadian case
  • Advising a number of institutional investors on their potential participation in the Toshiba action in Japan (alongside Japanese counsel)
  • Advising a litigation funding broker on a claim relating to an unpaid brokerage fee
  • Advising a US litigation funder on global enforcement options for a substantial unsatisfied UK judgment
  • Advising a US based client regarding the potential early monetisation of a significant whistleblower claim brought in the US in order to fund other related litigation
  • Advising a specialist asset recovery litigation fund regarding a widely reported old and gas fraud and the repatriation of sovereign funds of c.£100m
  • Providing a seminar for the Chancery Bar Association Judicial Section on recent developments in the litigation funding and ATE insurance market.