What is Litigation Funding?

This type of civil suit financing is very common in developed nations, which have seen the exponential growth of personal injury claims and other civil actions.  In simple terms, lawyers elect to take on the risk of a failed claim by funding only those they consider to be the most likely to succeed.  Specialist counsels review the evidence to determine if a better than 80% chance of success can be assigned to a claim.

The contingent funding agreement is commonly advertised as “No win, no fee”.

This approach requires that the bulk of evidence in a civil claim has been obtained and can be reviewed.  This has always been one of the difficulties to funding a criminal investigation with the combined asset recovery aspect because gaining the evidence for review requires professional investigation in complex criminal offences first.

VPH International was the first to tie in the prior investigation element with that of the prosecution and asset recovery to secure private litigation funding for an investigation on behalf of the Republic of Seychelles.

Does it really cost nothing?

As you might expect, the answer is both yes…..and no.

There are no upfront costs and there are no costs if, ultimately, the case is not won and assets are not seized.  Provided the independent counsel reviewing the evidence can see a good chance of success then litigation funders will consider funding the investigation and prosecution to then seek recovery from the assets returned to the state.  The funders are instrumental in the recovery agreements and do seek a significant return on their original investment.

Tailored solutions

Generally the investigation element to the full enquiry is the least expensive as the legal contribution to prosecution, asset restraint and subsequent recovery is very costly.  We help you determine your preferred funding approach and secure a litigation funder that will adopt the risk accordingly.  We contribute pro bono case evaluation, intelligence and some investigation to ensure that the best package can be submitted for funding evaluation.