When a litigation funder assesses a claim, it has to take into account the potential future value of the claim (ie. the amount that it expects to realise upon successful completion), and weight that against other factors such as the merits of the claim, the costs that will be required to run the claim, and the likely timeframe to completion. Although litigation funding carries with it inherent risk, these risks can be managed and mitigated by a careful and rigorous due diligence process on the part of the funder.
Below are some commonly answered questions in relation to Litigation Funding:
What is Litigation Funding?
Litigation funding is essentially an agreement between a funder and a claimant in which the claimant agrees to assign the rights to a percentage of the proceeds of their claim to the funder in exchange for the funder agreeing to bear the costs of running the claim.
How do I apply for Litigation Funding?
You can first make initial contact by directly emailing, phoning or submitting an online inquiry to GT Capital (see our Contact Us page for details). From there we will arrange the provision of a Mutual Confidentiality Agreement to be signed, followed by a preliminary teleconference or meeting with a member of our assessment team to discuss your claim and outline the documents which will be required to assess your claim (For Example: claim summary | legal merits advice | relevant court documents | engagement letters and ATE arrangements | claim budget | settlement strategy | quantum, recovery and enforcement)
At what stage of an action will you consider funding a claim?
Funding can be provided at any stage of a claim.
Do I need to have a lawyer in order to apply for funding?
No. We consider applications from clients who are both represented and unrepresented.
How long does it take to assess an application for funding?
The timeframe varies from case to case. However, we aim to provide at least a preliminary response to most applications within 7-14 days.
Does GT Capital have a minimum claim value?
No. The size of the claim is taken into account together with other factors such as the expected cost and likely timeframe to completion. Although we do not apply a strict minimum claim value, the value of the claim must be sufficient to provide an acceptable return on investment to the funder if successful.
Can existing costs be funded?
Yes. In appropriate cases we will consider funding existing costs, such as outstanding legal fees or disbursements.
Can only partial costs be funded?
I already have a lawyer acting for me. Will I have to change lawyers if my case is funded?
No, provided that the solicitors already engaged have the relevant expertise and capacity to run the claim and will agree to the funder’s standard terms.
What level of involvement does GT Capital have in my claim once funded?
As well as funding the claim, the funder will have an active role in monitoring the progress of the claim and will provide assistance as needed. The funder does not control the conduct of the claim or provide legal advice.
Can funding be withdrawn?
Only in specified circumstances, such as a breach of the funding agreement or a material adverse change in the prospects of the case. It should be kept in mind that each funded case involves a significant level of investment and has passed a rigorous assessment process before being accepted for funding. It is for this reason that the decision to withdraw funding would usually be made only in exceptional circumstances.
Are there claim types that GT Capital does not fund?
We will consider a diverse range of claims for funding.