FAQs

Litigation finance is where a specialist third-party funder pays for your legal fees and case expenses, in return for an agreed return if the claim succeeds. That return is usually calculated by reference to a share of the recovery, a multiple of the funding provided, or a combination of both. It is commonly provided on a non-recourse basis, meaning you owe nothing if the claim is unsuccessful.

Funding may cover law firm fees, specialist counsel, experts, disbursements, and other case costs, enabling you to pursue a claim without tying up capital or taking on the full financial risk.

Adverse costs insurance (aka "ATE insurance") helps protect you against the risk of having to pay your opponent’s legal costs if your claim is unsuccessful. It provides important downside protection in costs-bearing jurisdictions (such as the UK), that follow a 'loser pays' rule.

It is commonly arranged alongside litigation funding so that both your own legal fees and any potential adverse costs are covered, although stand-alone policies are also available.  

For some policies premiums may also be deferred and contingent, meaning

-You do not pay the premium upfront; and,
-The premium is only payable if the case succeeds (and can often be paid directly from your damages)

This allows you to pursue a claim with substantially reduced financial risk, particularly when combined with non-recourse funding of your own legal fees.

Case Capital is a specialist introduction and guidance service for commercial litigation finance and risk-transfer solutions. We help assess your claim’s funding suitability and coordinate the process through a single point of contact.

We can assist with sourcing:

-Litigation finance
-Adverse costs insurance
-Introductions to suitable law firms
-Alternative law firm fee and risk-sharing structures
-Portfolio and multi-claim solutions
-Alternative dispute financing (including structured or asset-backed lending)
-Practical guidance on funding options and case presentation

Clients may request any single service, or a combination, depending on their needs.

We are not tied to any single funder, insurer, or law firm. Instead, we use our specialist network and market knowledge to help identify credible options for your claim’s profile, funding requirements, and commercial objectives.

Non-recourse funding means the funder’s investment is repaid only if the case succeeds. If the claim is unsuccessful, the funder absorbs the loss and you owe nothing.

Off-balance-sheet finance means litigation funding is typically structured as third-party investment into the claim, rather than conventional debt. Funding is typically off-balance-sheet, although the precise accounting treatment will depend on the structure.

Nevertheless the commercial benefit is clear: it can allow you to pursue a claim without funding the legal budget upfront or drawing on ordinary borrowing facilities. This structure may offer several advantages for businesses:

-It preserves cash, allowing capital to remain available for operations, growth, or other priorities.

-It can reduce pressure on budgets and reported earnings, by shifting funded litigation spend away from the business.

-It avoids conventional debt funding, helping preserve borrowing capacity and credit lines.

-It transfers much of the downside risk of funded costs, while allowing you to retain a share of any successful recovery after the funder’s return.

You can learn more about the strategic financial benefits of litigation funding in our guide: the business case for litigation finance.

From large multinationals to SMEs, litigation finance can help:

-Private & public companies (all sizes & sectors)
-Institutional investors
-Fiduciaries (liquidators, trustees)
-Start-ups & entrepreneurs
-Universities & research institutions
-Trade associations & industry bodies
-Charities & non-profits
-Individuals with investment-level claims

Funders generally look for claims with:

-Substantial monetary damages at stake
-Strong legal merits and evidence
-A solvent and well-resourced defendant capable of satisfying a judgment

As a guide, funders often expect estimated damages to be 5–10 times the amount of funding sought. We can assess eligibility quickly during an initial conversation.

You can also find out more about the eligibility criteria for funding here

Funding is available across various regions including the UK, US, Europe, Latin America, the Middle East, and Asia. Availability can depend on the nature of the dispute and where both the claimant and the defendant are located.

If you'd like to enquire whether funding is available in a specific country, please contact us.

At Case Capital our primary focus is on commercial and high-value civil claims – typically involving businesses, investors, or professionals. However, we do occasionally consider claims brought by individuals, but only where they meet strict criteria.

To qualify, an individual claim must show a commercially viable claim (for example: unpaid stock options, contractual damages, or verified financial losses), with strong legal merit and a realistic path to recovery against a well resourced defendant.
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Examples we might consider:
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‍✓  A founder forced out of their company claiming lost shares or options.
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✓  An investor with a clear contractual right to a return that was withheld.
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✓   An individual who arranged business introductions under a contract but was denied commission/referral payments.
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✓   An artist whose valuable works have been plagiarised by a well resourced and identifiable defendant.
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✓   A patent holder enforcing rights against infringement.
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✓   High-value matrimonial disputes or contested probate cases.
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Examples we would not consider:
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‍✗  Residential property damage or home insurance disputes (e.g. water leaks, storm repairs, roof damage).
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✗   Personal injury or medical negligence claims.
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✗   Small contractual disputes or debt claims below our minimum threshold.
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✗   Consumer complaints (e.g. faulty goods, service issues, or travel claims).
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✗   Lower-value matrimonial or probate cases.

See our eligibility guide to learn more, or contact us.

Because litigation finance is non-recourse, funders are selective about the cases they support.

If your case does not meet funders’ criteria, we may still be able to help. Depending on the circumstances, options can include:

-Law firms willing to act on full contingency
-Law firms willing to act on partial contingency (“no win, lower fee”)
-Law firm fixed-fee pricing or other risk-transfer mechanisms
-Adverse costs insurance products
–Specialist dispute financing (including asset-backed or structured lending)

In some cases, the most effective solution is a combination of these elements, structured around the needs of the claim and the claimant.

We can help you explore the most suitable approach.

Funding can start from around $20,000 USD*, with no fixed upper limit. Major funders can invest seven or eight figure sums in the right claim.

The amount available depends on the scope of work, expert evidence needed, and the value of the claim. We can indicate likely funding levels once we understand the case.
*Or local equivalent

The timeline depends on the complexity of the case and how complete the initial information is. In many situations, funders can provide initial feedback within a few days of reviewing a case summary.

From first discussion to a signed funding agreement, the process typically takes around 4 to 12+ weeks.

An indicative timeline is:

‍Weeks 1–4: Initial review, discussion with the claimant and legal team, and signing of confidentiality agreements.

‍Weeks 4–12: The core due diligence period. This may include review of pleadings, evidence, legal analysis, and case budgets.

‍Weeks 12+: Securing investment committee approval and finalising the funding documentation.

This timeline is realistic for a reasonably straightforward, mid-value commercial claim.

For simpler disputes—for example, a relatively straightforward claim valued in the mid $100,000s—funding may sometimes be secured in just a few weeks. At the other end of the spectrum, more complex or higher-value matters may take several months, particularly where additional legal opinions, expert analysis, or financial modelling are required.

The process can often move more quickly where claimants and their lawyers are able to provide key documents, budgets, and supporting evidence at an early stage.

Funders require a clear overview of the case for a full funding application, including key documents, pleadings (if available), evidence, damages analysis, budget estimates, and information about the defendant’s financial standing.

However, many funders are able to provide an initial view or indication of interest based on far less information — often just a concise summary of the dispute, the estimated claim value, and the identity of the defendant.

We recognise that smaller businesses or individuals may not have all documents prepared at the outset. We can work with you and/or your legal team to prepare an initial analysis and then help assemble the fuller material required for a complete application.

Usually no. Most litigation funding is non-recourse and requires no upfront payment. The funder covers your agreed legal bills as they arise throughout the claim; commonly including law firm and counsel fees, experts, and approved disbursements.

As repayment to the funder is typically non-recourse, it is normally taken only from the damages you recover if the case is successful. If the claim is unsuccessful, the funder absorbs the loss and you owe nothing for the legal fees they have paid.

In costs-shifting jurisdictions, many claimants also seek adverse costs insurance. Many adverse costs insurance premiums can also be deferred and contingent. This means the premium does not need to be paid during the life of the claim, and it becomes payable only if you achieve a successful outcome. If the claim is unsuccessful, the premium is not payable and the insurer absorbs the loss.

This answer relates to litigation funding and adverse costs insurance. Case Capital’s own fee position is explained separately in “How is Case Capital paid?”

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, many funders can assess its merits and provide the financial support necessary to progress your claim.

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, provided they are well-documented and directly related to the funded claim. This allows you to recover previously spent resources and allocate them to other priorities.

Yes. We frequently work with clients who already have legal representation in place. We can collaborate directly with your existing lawyers, or, if required, introduce specialist firms with experience in funded litigation.

Our role is flexible — we can assist with funding, adverse costs insurance, or sourcing suitable legal representation. You can choose any combination of these services based on your requirements, ensuring you get exactly what you need.

Yes, some funders can offer an additional sum to help cover essential business or operational costs 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.

Availability depends on the case economics and funder preference.

Yes. Many funders actively support domestic and international arbitrations, including commercial, construction, energy, and investor-state disputes. Arbitration claims are often well-suited to funding due to their enforceability and predictable procedural timetable.

You and your legal team should retain control over the conduct of the case and any settlement decisions. Funders may require consultation on significant decisions (such as abandoning the claim or adopting a materially different strategy), but they should not dictate legal strategy or override your legal advisers.

This helps preserve independence while protecting the funder’s investment.

Yes. Enforcement funding can often be arranged where a judgment or award is obtained but voluntary payment is unlikely. Funders may finance asset tracing, freezing orders, enforcement proceedings, or settlement strategies.
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Enforcement funding is common in both litigation and arbitration.

Litigation funding and adverse costs insurance can significantly reduce the financial risk of litigation, but some residual risks can remain. These may include:

Breach of the funding agreement: If you fail to comply with the  funding agreement—such as withholding key information, acting in bad faith, or refusing to help progress the claim—the funder may withdraw support.

‍Funder insolvency: Though rare, the funder itself may face financial distress or bankruptcy, leaving you without the anticipated funding.

‍Case deterioration: A funder may reconsider their support if unexpected events like damaging new evidence or a precedent-setting ruling greatly weaken your case. If this happens, funders typically engage in collaborative discussions with you and your legal team to reassess the claim’s viability before making any decisions.

‍Insurance limits and exclusions: Adverse costs insurance covers opponent’s costs up to a set limit. If costs exceed this, you may be liable for the excess. However, this risk is minimised by the court’s cost budgeting process, which ensures transparency and penalises unreasonable overruns, enabling insurers to set realistic policy limits.

Excluded expenses: Some costs (e.g. court sanctions or legal misconduct penalties) might be excluded from insurance coverage.

Despite these cases, the combined use of funding and insurance typically provides a significantly higher degree of financial protection than self-funding litigation.

‍You can learn more about this topic, and further risk mitigation strategies, in our litigation finance guides.

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

Risk transfer: Non-recourse funding transfers much of the funded legal-cost risk to the funder, as the funder absorbs the loss if the litigation is unsuccessful. This can reduce the financial impact of an unsuccessful claim, while still allowing the company to retain meaningful upside if the claim succeeds.

Cash flow preservation: Funding allows you to maintain liquidity and allocate capital to core operations rather than tying it up in legal spend.

Budget predictability: The funded legal budget is agreed upfront, helping large organisations manage financial planning, forecasting, and internal approvals with greater certainty.

Off-balance-sheet treatment: Litigation funding is typically structured as external investment into the claim rather than conventional debt. Subject to accounting treatment and the exact structure, it can help reduce the impact on credit metrics, internal capital allocation models, and borrowing capacity. For many well-capitalised businesses, this makes funding a more efficient and less intrusive way to finance litigation.

Opportunity cost advantages: By using external funding companies can deploy their own capital into higher-return projects—such as expansion, R&D, acquisitions, or investments—while still pursuing valuable legal claims. In some cases, the opportunity-cost saving may outweigh the funder’s return, producing a better risk-adjusted financial outcome.

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 companies in our litigation finance guides.
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Absolutely. We frequently work with law firms, solicitors, barristers, and other advisers who are seeking financing on behalf of their clients.

If you’d like to discuss a matter please contact us .

Because funding is non-recourse, pricing is typically success-based. Funders commonly charge:

-A percentage of the litigation recovery,
-A multiple of the amount advanced, or;
-A hybrid of both (sometimes with a return cap).

Pricing is often negotiated on a case-by-case basis and reflects the risk profile, complexity, duration, and funding requirements of your claim. Even after accounting for the funder’s return, litigation finance may produce a better risk-adjusted financial outcome than self-funding, because it can reduce downside exposure, preserve capital, and improve capital efficiency.

You can also learn more in our pricing guide.

Yes. In some cases, funders may consider purchasing or monetising part or all of a claim. Monetisation involves receiving an upfront advance against a portion of your future claim proceeds while you retain ownership of the claim itself. This can provide immediate liquidity, reduce risk, or release capital while the litigation continues.

Sale (assignment) of the claim may also be possible under certain circumstances, allowing a funder to purchase part or all of the claim outright, in return for an upfront payment.

These options are generally suitable only for high-value claims with strong merits and a well-resourced defendant. If monetisation or a sale could be appropriate for your case, we can discuss it during our assessment call.

We conduct diligence on all funders, insurers, and law firms within our network to ensure they meet the standards our clients expect. This includes:
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-Assessing case experience and track record.
-Evaluating decision-making processes.
-Monitoring the consistency and reliability of their service.  

We also actively seek feedback from clients to ensure our partners continue to perform to a high standard. Only trusted partners are introduced to clients.

Yes. In more complex or unusual cases, it may be beneficial to involve a specialist litigation funding consultant—particularly where the claim requires detailed financial modelling, portfolio structuring, forensic damages analysis, or other advanced advisory input.

We maintain relationships with reputable consultants and can arrange an introduction where it may assist. This is not required in many cases, but for certain high-value or technically complex disputes, it can add meaningful value.

We will discuss whether this is appropriate during our initial call, or you can learn more about how we manage the process in our process guide.

Yes. Case Capital’s services are fully modular. You can request a single service or a tailored combination depending on your needs.

We can assist with:

-Litigation funding to cover all legal fees and case expenses
-Disbursement-only funding where, for example, your law firm is acting on a full contingency
-Adverse costs insurance
-Introductions to suitable law firms
-Alternative dispute financing (including structured or asset-backed lending)
-Or combine any of these options

We can tailor our support to your specific requirements.

In most cases, you do not pay Case Capital directly. We operate as a specialist access point to litigation funding, insurance, and legal-support providers. Our role is to give you clear access to relevant providers — not to steer you toward any single provider.

Our usual model is to receive a referral, introduction or success-based fee from partners such as:

-Litigation funders;
-Adverse-costs insurers or brokers;
-Law firms;
-Specialist finance providers.

Where we are paid by a third-party provider, those fees:
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-Do not create an additional fee payable by you to Case Capital; and
-Do not affect which offers we present to you.

‍We work with a broad range of funders, insurers, and law firms, and you will see any offer we receive exactly as presented by the provider. You remain free to choose whichever provider you prefer, or none at all.

In some cases, the most suitable provider for your claim may not pay Case Capital a referral fee. If that happens, we may ask you to agree a separate fee before proceeding. No client-paid fee is payable unless agreed with you in writing before we make or continue the relevant introduction.

For further information see our process guide

You can explore our practical guides on funding, pricing, risk mitigation, adverse costs insurance, and claim preparation.

Get the guides here→