What criteria will a litigation funder apply to decide whether or not to invest in a claimant’s claim?
A litigation funder will usually only invest in a claim if the following criteria are satisfied, which if fulfilled would tend to indicate that the claim is likely to be a good investment for the funder… Read More • The claim is realistically worth at least £200,000; • The claim has good prospects of success (the funder will not pay the claimant’s initial legal costs associated with investigating whether or not the claim does have good prospects of success); and • The defendant can afford to pay any damages that it might ultimately be ordered to pay to the claimant. If the claimant’s claim is not simply for a sum of money to be paid by the defendant but is instead a claim for a non-monetary objective such as, say, a house that the claimant intends to live in, litigation funding might not be an appropriate way forward for the claimant. This is because (if his claim succeeds and the funder thereby becomes entitled to be paid out from the fruits of the claim) the house might have to be so
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