We offer tailored funding for all, or part of a claimants legal costs. Typically, this includes solicitor’s, counsel’s and court fees, expert witness reports and outlays.
We will consider providing financial solutions for any type of litigation, and at any stage. We don’t have minimum or maximum claim sizes, we will consider all cases and assess each on their own merits.
We use our own in-house legal capability to assess cases, thus speeding up the entire funding process.
If the claim is successful we are repaid our investment, and receive an agreed share of the money recovered. This share can be either a percentage of the value of the claim, or calculated according to the amount we invest. It will always vary depending on the claim itself, the duration and the budget. If the case is unsuccessful, the costs are picked up by us, and we do not ask to be repaid.
When we make an offer to fund a case, the money is immediately ringfenced and will not be used for other cases.
Our Frances Sim and Cat MacLean, Partner and Head of Dispute Resolution, MBM Commercial presented to the Society of Advocates in Aberdeen on Litigation Funding and Legal Pricing in practice.
Frances discussed the rise of litigation funding in Scotland. This include what it is, how it works and recent case studies. Restitution funded and Cat MacLean acted successfully in the case for property developer Derek Carlyle in a 2015 Supreme Court case against RBS. Together they highlighted how both firms worked together to reach a satisfactory outcome for the client. Cat MacLean covered some of the practical issues around recent guidance from the Law Society on Legal Pricing and litigation funding from a solicitors perspective. This included preparation for applications, litigant agreements, cost, the ranking of success fees and uplifts, ATE and recoverability.
After an initial chat with us, to allow us to consider the case, we will ask for a summary of the case, Counsel’s Opinion (if available), copies of key documents, any available witness statements and expert witness reports.
We carry out our own diligence on the case which will include looking at the economics of funding, merits, the financial standing of the defender and how a judgement will be enforced. We understand that each case is different and motivated by individual priorities. This allows the advocate, solicitor and their client to focus on the case, and above all to pursue justice.
We will let you know as soon as possible if we can help and make an offer to fund a case.
If we make an offer to fund a case, we will draft a funding agreement for consideration which will set out our proposed pricing terms for the life of the claim. This will reflect the level of risk, size, amount required and likely length of the case. If agreement is reached and a contract has been signed, we will begin funding the case immediately.
To get in touch please call Frances Sim on 07547 824773 or email us at firstname.lastname@example.org.