Practical Law

Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding. Continue reading →