commercial litigation finance
Fully fund your legal claim
At no upfront cost
On a non-recourse basis
Using litigation finance
global funding solutions
commercial & High-value litigation finance
non-recourse funding
off-balance-sheet finance
ADVERSE COSTS INSURANCE
FOR sme TO CORORATIONS
Independent Advisors
Independent Advisors
Source financial and legal solutions designed to advance your case
Litigation Finance
adverse costs insurance
law firm acquisition
advisory services
our fully done-for-you service
Specialist litigation finance— Fund your legal fees & expenses on an off-balance-sheet, non-recourse basis.
Adverse costs insurance— Providing protection against your opponent's legal costs.
Access to leading law firms and advisors— Connect with specialist counsel and independent advisors experienced in funded litigation and arbitration.
Your Case, Fully Funded
Accessible
From SMEs to multinational corporates and global investment funds, litigation finance supports a wide range of claimants.
Scalable
From mid-size commercial disputes to complex, multi-jurisdictional litigation, funding can scale to match the demands of your case.
Comprehensive
Secure finance for a range of disputes — from contract, intellectual property, shareholder, or real estate claims to insolvency cases, arbitration, antitrust actions, and more.
Global
Access financing worldwide, with solutions available in many jurisdictions, so you can pursue your case no matter where it takes you.
Litigation Finance Resolves Four Key obstacles That Prevent claimants From Pursuing Valuable Claims
Uncertain and Escalating Legal Costs
Contested litigation is notoriously expensive and difficult to budget for.
Costs can escalate rapidly and frequently exceed initial expectations.
This open-ended financial exposure, with limited visibility over total spend, often prevents claimants from pursuing otherwise viable claims.
Capital Constraints & Inefficiency
Litigation ties up significant capital, often for years at a time. For many organisations and individuals the up-front cost is simply unaffordable.
For larger businesses, litigation diverts capital away from growth or revenue-generating priorities, reduces borrowing capacity, depresses earnings, and restricts financial flexibility.
Risk of Capital Loss and Adverse Costs
Contested litigation carries substantial downside risk. A claimant pursues a dispute with the intent to recover losses, yet an adverse outcome leaves them financially worse off than when they started.
Losing claimants forfeit their own legal spend and, in many jurisdictions, may be required to reimburse their opponent’s legal fees as well. This asymmetric risk exposure often deters otherwise meritorious claims.
Operational and Strategic Distraction
For businesses and institutional investors, the financial impact of litigation diverts resources and focus from core operations. Leadership time and attention are pulled away from revenue or return-generating priorities.
These distractions compound over time— undermining both day-to-day performance and long-term execution.
A Smarter Way to Fund High-Stakes Litigation
Specialist non-recourse finance provides a capital-efficient way for businesses, investors, and individuals to manage the significant cost, risk, and resource demands of litigation.
Specialist finance for legal fees & expenses
Comprehensive funding covers all your litigation costs— including law firm fees, specialist counsel fees, expert witnesses costs, court fees, and more.
Funding also lets you hire leading law firms or senior counsel without budget constraints.
Nothing to pay upfront
Repayment is due only at the end of your claim and taken directly from your damages—so you don’t need to deploy capital during the case.
For businesses, this helps safeguard cash flow and preserve EBITDA.
Non-recourse finance
Non-recourse finance means that if you don’t win your claim, you don’t repay the funder. This eliminates your own-side cost risk and turns a high-stakes legal dispute into an opportunity rather than a liability.
Non-recourse financial backing also signals strong case merits, enhances settlement leverage, and gives you access to experienced funder input throughout the claim.
Off-balance-sheet finance
Specialist finance moves litigation expenses off your balance sheet and onto the funder’s—helping businesses and investors preserve financial performance, protect earnings and returns, maintain borrowing capacity, and enhance stakeholder value.
Eliminate opportunity costs
With litigation finance you can keep your own capital working inside the business while using the funder’s capital to pursue your claim.
This lets you capture the upside of both business or investment growth and litigation recovery—eliminating opportunity costs and maximising potential gains.
Adverse costs insurance
Specialist adverse-costs insurance covers your opponent’s legal fees if your claim is unsuccessful—allowing you to pursue a substantially risk-reduced claim when paired with non-recourse funding.
Insurance coverage also further strengthens settlement leverage by removing downside pressure.
- 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
Why Cients Use Litigation Finance
Claimants typically turn to litigation finance for one of two reasons→
Funding out of necessity
Many claimants rely on litigation finance because they’re simply unable to absorb the large and unpredictable costs of a protracted lawsuit— especially when facing a larger or better-resourced opponent.
By removing the up-front cost and limiting downside exposure, funding allows them to pursue meritorious claims that would otherwise be out of reach.
Funding out of choice
Others choose litigation finance strategically, even when they have the resources to self-fund, because it’s a more risk and capital-efficient way to litigate.
They use it to preserve cash, protect earnings, minimise accounting impact, and avoid tying up capital in long, unpredictable disputes —making it an attractive option even for well-resourced claimants.
make Litigation Work for You
Whether you’re seeking funding due to capital constraints or deploying it strategically, litigation finance gives you more control over cost, risk, and resource allocation.
Discover how litigation funding works in practice — from funding structures and pricing mechanics to insurance, negotiations, and risk-transfer mechanisms — with our in-depth guides.
Our Process
1
Discovery call
Schedule a brief 15-minute discovery call where we assess the suitability and funding potential of your claim, outline your available options, and answer any questions you may have.
2
Deeper assessment
If your claim is suitable, we arrange a follow-up assessment call to explore the details of your case, clarify your objectives, and understand your funding priorities—allowing us to scope the most appropriate strategy.
3
Funding search
We then conduct an independent market search, leveraging our funder network to see whether competitive, tailored funding offers may be available.
Where interest is secured, we provide clear comparisons and guidance so you can make an informed choice.
Explore your funding options
About Case Capital & How We Work
Barrister Founded and Independently Led
Case Capital was founded by barrister Neil Johnstone to address a common challenge he observed in practice: many organisations with strong claims were unable or unwilling to pursue them due to the significant cost and risk of litigation.
That's why our independent service acts as a bridge between you and specialist litigation funders— ensuring our clients, whether constrained by resources or simply looking to manage their financial outflows, have access to the right legal finance solutions.
Our Mission
Our mission is to source the financial backing and litigation support you need— allowing you to focus on your case confident in the knowledge that you’re positioned for success, both legally and financially.
Your Independent Gateway to Litigation Finance Solutions
We provide a fully managed, independent service designed to help claimants access specialist third-party litigation finance, insurance, and alternative fee structures.
Here's how we can help:
- Objective eligibility assessment for non-recourse litigation finance.
- In-depth market search to secure competitive funding offers through a single, consolidated application.
- Arrangement of specialist litigation insurance, providing adverse-costs protection.
- Connections to leading law firms and independent advisors experienced in funded litigation.
- Exploration of alternatives to funding, including law-firm contingency arrangements, hybrid fee structures, fixed fees, or other risk-transfer and price control mechanisms.
- Modular service — use only the components you need or choose a fully managed solution.
Our goal is to simplify a complex market and give you clarity and choice. We help you save time and stay focused on your claim by consolidating your search into a single, streamlined process.
Whether you need one specific component or a fully managed service, you can access the right funding and risk-management solutions—efficiently and independently.
A Structured Framework for Accessing Litigation Finance
We use a clear, disciplined process to assess your case and connect you with the most suitable funding and litigation support:
- Initial 15-Minute discovery call
A brief, no-obligation call to understand your claim, answer your questions, and assess your eligibility for litigation finance. If your case appears suitable, we proceed to the next step. - Deep-dive assessment
A focused consultation to analyse the merits, quantum, and risk profile of your claim. We outline potential funding and insurance options, confirm whether you may also need help finding the right law firm, and identify any additional needs — such as claim monetisation or working-capital solutions, or introductions to specialist advisors. If the case remains viable, we move on to the market search. - Market search and introductions
We conduct an in-depth market search using one consolidated application, leveraging our network of funders, insurers, and law firms to source competitive, relevant offers. We present all suitable options transparently and help you understand key differences. - Coordination through to decision
We continue to help coordinate communications between you, funders, insurers, and law firms — ensuring the process stays clear and efficient while you review and decide between the available options.
How Litigation Funders Charge
Funding terms vary by jurisdiction and provider, but most non-recourse litigation funders typically charge:
- A percentage of the damages recovered,
- A multiple of the capital advanced, or;
- A hybrid of both (sometimes with a return cap)
Pricing is assessed on a case-by-case basis and reflects the risk profile, complexity, duration, and funding needs of your claim. Even once the funder’s return is taken into account, litigation finance often provides a superior risk-adjusted outcome compared to self-funding, because it removes downside exposure, preserves your capital, and enhances overall return efficiency.
For a detailed breakdown of litigation finance and adverse costs insurance pricing, see our deep-dive guides→
How Case Capital Is Paid
Our service is free for claimants. We operate as an independent gateway to litigation funding, insurance, and legal-support providers. Our role is to give you transparent access to the market — not to steer you toward any single provider. We may receive a success-based referral fee from partners such as:
- Litigation funders
- Adverse-costs insurers
- Law firms
- Do no increase your cost,
- Do not reduce your recovery, and;
- Do not affect which offers you receive.
We work with a broad range of funders, insurers, and law firms and you will always see every offer exactly as presented by each provider. You remain free to choose whichever provider you prefer, or none at all.
Fees and referral arrangements vary depending on the provider and the specifics of your case, and full details are available on request.
For further information, see the Case Capital Process Guide →
Neil Johnstone⏐ Barrister & Litigation Funding Specialist
Before being called to the Bar, Neil served as a Royal Marines Officer and intelligence specialist. He later completed postgraduate study at Oxford and worked as a Service Prosecutor before transitioning into private practice.
This multidisciplinary background shapes our analytical approach to litigation funding—ensuring your strategy is guided by a team who understand litigation from the inside: legally, financially, and operationally.
Professional Background
- Over a decade of courtroom experience: Represented thousands of clients in successful claims, including matters before the Court of Appeal.
- Former Royal Marines Officer & intelligence specialist: One of the first operational Royal Marines Commandos selected for the the Naval Legal Service.
- Academic excellence at leading institutions:
• Called to the Bar with distinction at City Law School
• Postgraduate study in maritime law at the University of Oxford - Specialist prosecutor and Courts Martial advocate: Served as a Service Prosecutor before moving into private practice.
- Founded Case Capital: To help bridge the gap between clients and the financial and litigation support they need.
Streamlining the Litigation Funding Process
Before:
With Case Capital:
commercial litigation finance
Learn more
Get clear, independent guidance on commercial litigation finance. Whether you're new to the concept or looking for deeper insights, our free resources walk you through every stage of the process—step-by-step.
FAQ
Litigation finance is where a specialist third party funder pays for your legal fees and expenses, in exchange for an agreed share of the proceeds of the claim. It is 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 financial risk.
Adverse costs insurance (aka “after-the-event” insurance) protects you against the risk of paying the opposing side’s legal costs if your claim is unsuccessful.
When used alongside non-recourse litigation funding, it allows you to pursue litigation with greatly reduced downside risk.
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 judgement
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
No. Litigation funding requires no upfront payment. The funder pays your legal bills as they arise throughout the claim, covering law firm and counsel fees, experts, and approved disbursements.
You do not need to use your own funds at any stage— repayment to the funder is non-recourse, meaning it is 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.
Many adverse costs insurance premiums are also deferred and contingent. This means the premium does not need to be paid during the life of the case, 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 risk.
Funding can start from around $50,000 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
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
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.
The timeframe depends on the complexity of the case, but initial feedback is often provided within a few days of reviewing your summary. A full decision typically takes between two and four weeks, although very complex matters may take longer, and simpler cases can often be reviewed more quickly. For urgent disputes, funders may be able to accelerate the review process.
The process can be significantly expedited when claimants and their lawyers provide the key documents, budgets, and evidence at an early stage.
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.
Explore your funding options
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Book a brief 15-minute discovery call to assess the funding prospects of your claim and answer any questions you may have
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