commercial litigation finance

Hire a winning legal team

With no upfront cost

On a no-win, no-fee basis

Using litigation finance

FULLY Done for you service
book a free discovery call
global funding solutions
ADVERSE COSTS INSURANCE
INDEPENDENT CONSULTANTS
commercial  litigation finance
non-recourse funding
for legal fees & expenses
no upfront costs
FOR sme TO CORORATIONS

we source everything you need
to make a financially risk-free Claim

Litigation Finance

adverse costs insurance

law firm acquisition

our fully done-for-you service

at Case Capital we can...

Secure non-recourse finance- Allowing you to fund your legal fees & expenses on a "no-Win, No-Fee" basis

Obtain specialist Adverse costs insurance- Meaning you are never at risk of having to pay your opponent's legal bills

Find You winning representation -with our law firm acquisition service.

Watch our barrister-Founder explain how you can transform a high-stakes legal dispute into a strategic opportunity...

show me how
what is litigation finance?

Your Case, Fully Financed

Litigation finance is a way for businesses to secure funding for legal disputes without bearing the upfront costs. By covering expenses like legal fees and court costs on a non-recourse ("No win, no fee") basis, it allows you to pursue justice without financial risk

Litigation Finance is...
Accessible

From SMEs to Fortune 500s- Litigation finance provides crucial support for businesses of any size

Litigation Finance is...
Scalable

Get financing to match your case requirements. Funding starts from as little as USD $30k* for modest claims, up to 8 figures in lending for the highest value disputes

Litigation Finance is...
Comprehensive

Secure financing for a range of commercial disputes, from contract claims to intellectual property cases, real estate disputes, antitrust litigation, and more

Litigation Finance is...
Global

Access financing worldwide, with solutions available in many jurisdictions, so you can pursue your case no matter where it takes you

*Or local equivalent
Why choose litigation finance?

Litigation Finance Solves the Four key problems That Prevent Businesses from pursuing Valuable Claims

YOU don't know how much it will cost

Litigation is inherently uncertain

Uncertainty around the eventual cost can often dissuade many businesses from ever making a claim

YOU don't know how YOU will pay

Many businesses simply cannot afford the up-front cost of a lawsuit

Even those that can, often find litigation to be an unwelcome financial burden

you're worried about the risk of losing

Businesses worry about the financial costs if they lose

Including having to pay their own legal fees, and potentially their opponent's fees

you're worried about the disruption to their business

The financial strain of a lawsuit can be a significant distraction and disruption to the day-to-day operations of your business

Litigation finance is the solution

Specialist litigation finance solves the problems of the prohibitive cost, risk, and disruption of a lawsuit  

With litigation finance, a third-party funder advances capital to cover your legal fees and expenses- letting you access the legal support you need without worrying about the up-front costs or financial risks

Specialist finance for legal fees & expenses

Comprehensive funding will cover all your legal needs- including law firm fees, specialist counsel fees, expert witnesses costs, court fees, and more

Nothing to pay upfront


Repayment is due only at the end of your claim, and is taken directly from your damages award. Meaning you don't need to come up with funds at any point, and can preserve your own capital for your business's operational needs

Non-recourse finance

Non-recourse ("no-win, no-fee") finance means that if you don’t win your claim, you don't have to repay the funder. This eliminates financial risk and transforms a high-stakes legal dispute into a strategic opportunity

Off-balance sheet finance

Specialist finance moves litigation expenses from your balance sheet, and onto the funder's- helping you maintain financial optics, avoid additional debt loads, and preserve shareholder value

Eliminate opportunity costs

With litigation finance, you can invest your own capital in your business, and simultaneously use the funder's capital to pursue your claim. This way, you benefit from both the upside of your business growth and your legal claim, eliminating opportunity costs and maximising potential gains

Adverse costs insurance

Specialist costs insurance will pay your opponent's legal fees if your claim is unsuccessful- allowing you to make a financially risk-free claim when combined with non-recourse funding

Our Process

01

Book your discovery call

Book a free 15 minute discovery call where we will assess your suitability and potential for third-party litigation finance, and explore your funding options

02

Take a deep dive

If you are ready to take the next step we will arrange a further 'deep dive' call where we dig deeper into the details of your case and your financing needs

03

Get your funding offers

We can then conduct an in depth market search, leveraging our network and our deep industry knowledge to obtain the most favourable funding offers

Explore your funding options

Book your free 15 minute discovery call
See if funding might work for you
Book a call

Who We Are & How It Works

Barrister founded and led

Case Capital was founded by barrister Neil Johnstone to addresses a common challenge he observed during his practise: businesses with strong claims were often unable or unwilling to pursue them due to costs constraints

Our independent consulting service acts as a bridge between you and specialist litigation funders- ensuring that every client, whether constrained by resources or simply looking to manage their financial outflows, has access to the right legal finance solutions

Our mission

Our mission is to find you the financial backing you need- allowing you to focus on your case safe in the knowledge that you’re set up for success, both legally and financially

Discover the best litigation finance offers with just one easy application

Our comprehensive fully done-for-you service is designed to take the stress out of financing your legal claim

Here's how we can help:

  • We will objectively evaluate your eligibility for non-recourse litigation finance
  • We then conduct a whole of market search to find you the best available funding offers
  • We can also arrange specialist litigation insurance to protect you against the risk of adverse costs
  • If needed we can also connect you with top legal teams that are best suited to fight your case
  • We can also explore alternatives to litigation finance such as "no win, no fee" or "no win, low fee" representation, if appropriate  

Our modular service means you can choose only the services you need, or opt for our full suite

With just one application and a single point of contact you can find the support you need to make a financially risk free claim

Our step-by-step process to find you funding

  1. Start with a free 15-Minute discovery call
    Your first step is a quick no-obligation call to discuss your financing options
  2. Schedule your deep dive consultation  
    Packed with expert insights and actionable advice, this session will analyse the merits of your claim and your eligibility for funding, and identify the best way forward
  3. We conduct an industry-wide funding search  
    Sit back and relax while we leverage our extensive industry network to find the best available funding offers—saving you time and effort

commercial litigation finance
Learn more

Discover everything you need to know about commercial litigation finance. Whether you’re new to the concept or looking for detailed insights, our free resources will walk you throught the topic step-by-step

FAQ

What is Litigation Finance?

Litigation finance is where a specialist third party funder pays for your legal fees and expenses, in exchange for a share of the proceeds of the claim. This allows you to hire a law firm without any upfront cost.

Litigation finance is non-recourse, meaning if the claim is unsuccessful, you owe the funder nothing.

The funding can also be used to further strengthen your case by paying for expert witnesses, specialist trial counsel, and more.

What is adverse costs insurance?

Adverse costs insurance (aka "after the event" insurance) offers protection against the risk of having to pay your opponent's legal fees if your claim is unsuccessful.

When paired with non-recourse litigation finance to cover your own legal expenses, it enables you to make a financial risk-free claim.

What are the eligibility criteria for funding?

Funders look for claims for substantial monetary damages, with a clear legal basis and a high likelihood of success. Although there are no hard and fast rules, funders typically require estimated damages to be between 5 to 10 times the amount of funding sought.

Finally, the funders will require that the defendant is well-capitalised and has the funds or assets to satisfy any judgement against them.

You can learn much more about the eligibility criteria for funding and application process in our deep dive guides.

How much funding can I apply for?

Funding is available from as little as $30k USD (or local equivalent). Upper limits are effectively unlimited, with the largest funders willing and able to invest 7 or 8 figure sums in the right claim.

Can I still apply if I already have a lawyer?

Yes! Our services are designed to be modular and are always tailored to your specific needs. So whether you already have legal representation in place, or need assistance finding a law firm, we can help.

We can assist in finding you the right legal team, arranging funding, and securing adverse costs insurance. You can choose any combination of these services based on your requirements, ensuring you get exactly what you need.

Why should well capitalised companies use funding?

Even companies with ample financial resources can benefit from litigation funding for several reasons:

Risk management: Non-recourse funding transfers the financial risk of legal disputes to the funder, protecting the company from financial loss if the litigation is unsuccessful, as the funder absorbs the loss. This protection ensures that a negative outcome doesn't impact your company's financial health or operational stability, while still retaining the substantial financial upside of a successful claim.

Cash flow preservation: Litigation finance allows you to maintain liquidity and allocate your capital to core business operations or growth opportunities, rather than locking it up in legal battles. This means you can pursue revenue-generating activities or strategic investments, while still securing your legal rights.

Budget predictability: Legal costs are fully budgeted and reserved by the funder, aiding in financial planning and management.

These advantages make litigation finance attractive, even for those capable of self-financing their legal fees. Learn more about how litigation finance can help even the largest public companies in our deep dive guides.

Can I get funding in my country?

At Case Capital we can arrange funding across various regions including the UK, US, Europe, Latin America, the Middle East, and Asia. If you'd like to enquire whether funding is available in your specific country, please contact us.

Can I still get funding if my claim has already started?

Yes- litigation finance is flexible and can be arranged for claims that are already underway. This includes funding for ongoing trial costs, appeals, or even post-trial enforcement proceedings to recover your judgment. Regardless of the stage your case is at, funders can assess its merits and provide the financial support necessary to progress your claim.

Can you arrange finance for personal claims?

At Case Capital we primarily focus on sourcing litigation finance for commercial entities. However, we can occasionally consider cases from individuals if they involve high value disputes, such as shareholder conflicts, intellectual property claims, and other complex matters. If your claim aligns with these criteria and you would like to discuss your options, please contact us

What if I'm not eligible for litigation finance?

Because litigation funders offer non-recourse finance, they are inevitably selective about the cases they fund. Should you have a meritorious claim that nevertheless does not meet the criteria for funding, we can still help you find alternative solutions- such as law firms willing to act on a “no win, no fee” or “no win, low fee” basis, fixed fee billing, and additional protective products such as litigation insurance. Don't hesitate to contact us to learn more.

Is litigation finance really risk free?

Yes, provided you adhere to the funding agreements terms, non-recourse finance means you own the funder nothing if your claim is unsuccessful. When combined with adverse costs insurance to cover any opponent's costs, this offers a financially risk-free way to pursue your claim.

Can litigation finance cover legal costs I have already incurred?

Yes, some funders can reimburse retrospective costs. If you have already incurred legal expenses for your claim, certain funders may agree to cover those costs, providing you with financial relief while you continue pursuing your case. This allows you to recover previously spent resources and allocate them to other priorities.

Can litigation finance provide additional funding for business or operational expenses during the claim?

Yes, some funders can offer an additional sum to help cover your business or operational expenses while your claim is ongoing. This can be particularly valuable for ensuring your business remains financially stable and continues to operate smoothly while you await the outcome of your case.

How is litigation finance priced?

Because litigation finance is non-recourse, it is typically structured as a success-based arrangement (similar to a lawyer’s no-win no-fee agreement), meaning funders often take an agreed-upon percentage of the settlement or award, which reflects the level of risk they assume in financing the case.

This percentage can vary based on factors such as the complexity of the case, the duration, and the amount of funding provided. Alternatively,  pricing may include a multiple of the capital advanced (often with a  return cap), or a hybrid  of a return of capital plus a percentage of the damages award.

You can learn much more about the detail of pricing, and how to negotiate the best deal, in our deep dive guide-  Litigation Finance: How Does it Work in Practice & What Does it Cost?

How are Case Capital's services priced?

We always offer a free initial consultation to discuss your case.

If you then choose to proceed with a market search for funding, we may ask you to sign an engagement agreement outlining our success fee, depending on the scope of work required.

This fee is only payable if we secure the right funding for you. If we don’t find funding that meets your needs, you owe us nothing.

Book a call today

This is for you if you want to:

Unlock non-recourse financing options that let you pursue justice without draining your resources
Secure comprehensive litigation insurance protection, so you can pursue your case worry-free
Find the perfect legal team for your case, saving you time and effort in your search
Apply to multiple funders with just one straightforward application

To qualify you must:

Have a commercial, business, property, or other valuable legal dispute
Worth at least USD $300k*
*Or local equivalent
Not sure if you might qualify?
Check now