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 "ATE insurance") protects 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.  

Premiums are often 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 greatly reduced financial risk, particularly when combined with non-recourse funding of your own legal fees.

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. There is no personal or corporate liability for repayment.

‍Off-balance-sheet finance means litigation funding is treated as external investment into the claim rather than debt. It does not appear as a liability on your balance sheet, nor does it affect credit lines, borrowing capacity, or covenant calculations.This structure offers several advantages for businesses:

-It protects EBITDA, because legal costs are not expensed through the P&L when funded by an external investor.
-It preserves liquidity, allowing you to allocate capital to core operations or growth rather than litigation.
-It avoids contingent liabilities, helping maintain a cleaner financial position.
-It removes downside risk, while retaining the full upside of a successful claim (after the funder’s return).

You can learn more about the strategic financial benefits of litigation funding in our Financial & Risk Management Benefits of Litigation Finance guide.

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 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

At Case Capital we can arrange funding 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 minimum of $500,000 USD* in provable, demonstrable loss (for example: unpaid stock options, contractual damages, or verified financial losses), and have 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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✓   Very high-value (8 figure+) 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 (sub-8 figure) matrimonial or probate cases.

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

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

If your case does not meet funders’ criteria, we may stillbe able to help. Options can include:

-Law firms willing to act on full contingency (“no win, no fee”)
-Law firms willing to act on partial contingency (“no win, low fee”)
-Fixed-fee pricing or other risk-transfer mechanisms
-Adverse costs insurance products

We can advise you on the most suitable alternatives.

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

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.

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.

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.

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.

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 andinternational 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.

No. You and your legal team retain full control over the conduct of the case and any settlement decisions. Funders may require consultation on significant decisions (such as abandoning the claim or accepting a materially different strategy), but they cannot dictate legalstrategy or override your legal advisers.

This preserves 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 substantially reduce financial risk, 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: Although uncommon, 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. Exceeding these limits is rare.

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

Despite these edge cases, the combined use of funding and insurance 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 deep dive guides.

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

Risk transfer: Non-recourse funding transfers financial risk to the funder, helping to protect the company from financial downside if the litigation is unsuccessful- as the funder absorbs the loss. This protection helps ensure 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: Funding allows you to maintain liquidity and allocate capital to core operations rather than tying it up in legal spend.

Budget predictability: Legal costs are fully budgeted and reserved by the funder at the outset. This helps large organisations manage financial planning, forecasting, and internal approvals with far greater certainty.

Off-balance-sheet treatment: Litigation funding is not treated as debt and does not sit on your balance sheet. It avoids impacting 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 many cases, the opportunity cost saved outweighs the funder’s fee, resulting in a superior 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 deep dive 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 damages recovered,
-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 usually delivers the best risk-adjusted financial outcome (compared to self-funding), because it removes downside risk, preserves capital, and improves overall return efficiency.

We can advise on market-standard terms and assist you in negotiating competitive proposals. You can also learn more in our deep dive guide-  Litigation Finance Pricing: How Fees Work & Negotiating The Right Deal

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 will discuss it during our assessment call.

Case Capital is an independent introduction and advisory service. We assess your case objectively and streamline the entire funding 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 price and risk-sharing structures
-Portfolio and multi-claim solutions
-Strategic guidance on funding options and case presentation

Clients may request any single service, or a combination, depending on their needs. Because we operate a market-wide model (not tied to any single funder, insurer, or law firm), we ensure you are matched with the most suitable solution for your claim’s profile and commercial objectives.

We conduct thorough due diligence on all funders, insurers, and law firms within our network to ensure they meet the standards our clients expect. This includes:

-Reviewing financial stability
-Assessing case experience and track record
-Evaluating decision-making processes and funding systems
-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 vetted and 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 independent consultants and can arrange an introduction where it is genuinely in the client’s best interests. This is not required in most 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 Case Capital Process Guide.

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

You may apply for:

-Full 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 cost insurance only
-Introductions to suitable law firms only
-Or combine any of these options

We tailor our support to your specific requirements.

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

These fees:
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-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 →

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

Get the guides here→