Litigation funding process
Produced in partnership with Rosemary Ioannou of Vannin Capital

The following Dispute Resolution practice note produced in partnership with Rosemary Ioannou of Vannin Capital provides comprehensive and up to date legal information covering:

  • Litigation funding process
  • Stage 1—non-disclosure agreement
  • Stage 2—provision of documents
  • Stage 3—detailed review
  • Stage 4—terms agreed including period of exclusivity
  • Stage 5—full review by QC and other external investigation
  • Stage 6—investment committee review and signing of litigation funding agreement

Litigation funding process

This Practice Note sets out the standard approach that funders adopt when assessing a case and deciding whether to fund it. Written by Vannin Capital, it also provides an insight as to issues which this funder considers during the process.

Stage 1—non-disclosure agreement

When a case is first introduced, as a general rule, the funder will enter into a non-disclosure agreement with the client and/or the lawyer as appropriate. This is to ensure that confidentiality of the case and the funding terms that may be agreed between the parties is maintained.

The non-disclosure agreement is also likely to be worded to ensure that, as far as possible, privilege is preserved over the documents that are shared between the parties.

Stage 2—provision of documents

Every funder is likely to ask the claimant or their instructing solicitor (as appropriate) for a detailed suite of documents to enable them to undertake a full analysis of the claim.

Before a funder invests in a claim they need to be comfortable (or as comfortable as they can be) in respect to every aspect of it. Obviously the strength of the underlying claim is fundamental. However, funders will also look in detail at a number of other important factors (see Stage 3), including (inter alia) quantum, costs, governing law, enforcement and domicile and financial strength of the defendant.

This means that, in requesting documents from

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