Access to Justice
Commercial litigation has a reputation for being expensive and
uncertain and is something which some clients may make a conscious
decision to avoid. As with most things, it need not be that way.
Litigation funding, in the right case, may provide an answer to an
impecunious plaintiff, or at least provide a valuable option worth
considering as an alternative to funding a case through to trial
from resources at one's own disposal.
Third Party Funding Agreements
Third party funding involves an agreement, (which may take a
variety of forms) between a litigant and a professional funder
rather than between a litigant and a lawyer. In broad terms, the
litigant will pass to the funder some or all of the responsibility
for the ongoing legal cost of taking a case to trial. The litigant
may also purchase ATE ("after the event") insurance to
cover any adverse costs order if the case fails. The funder will
take an active interest in the case but will not
