Posts

Showing posts with the label litigation finance

Exploring Third Party Litigation Funding: Empowering Legal Pursuits with Litigation Finance

Image
In the realm of legal battles, the cost of pursuing justice can be a substantial barrier for individuals and businesses alike. However, a revolutionary solution has emerged in recent years that's changing the landscape of litigation – Third Party Litigation Funding. Commonly referred to as litigation finance or legalpay, this innovative concept is transforming how cases are funded and providing access to justice that was once considered out of reach. Understanding Third Party Litigation Funding Third party litigation funding is a practice where a financially independent third party, often a specialized firm, provides funding to cover the costs associated with a legal dispute in exchange for a share of the potential settlement or award. This arrangement not only levels the playing field for individuals who may not have the financial resources to pursue a case but also allows businesses to mitigate the financial risks associated with litigation. The Mechanics of Litigation Fin...

Litigation Funding: A Win-Win Solution for Claimants and Litigants

Image
How Litigation Funding Can Help You Pursue Justice Without Financial Risk Or The Dos and Don'ts of Working with a Third Party Litigation Funder Or Litigation Funding: A Win-Win Solution for Claimants and Litigants “Litigation finance is the new email, not knowing what it is or how it works is simply not an option.” Litigation funding , also known as third-party funding (TPF), has become a vital tool for businesses of all sizes to manage the financial risks associated with legal disputes. Contrary to popular belief, litigation finance is not just for underdog battles but serves as a valuable resource for all parties involved in high-stakes litigation. In recent years, the global litigation finance industry has grown exponentially, offering support to both underdogs and well-backed parties in need of financial assistance. It is significant to note that TPF stands acknowledged for civil suits under Order XXV Rule 1 of CPC. Further, the Indian judiciary has discussed TPF agai...

LITIGATION FINANCE: A NEW TOOL FOR ACCESS TO JUSTICE

Image
INTRODUCTION Litigation finance is a relatively new concept in India, which has the potential to revolutionize access to justice for the common man. This essay will discuss what litigation finance is, the current state of access to justice in India, how litigation finance can benefit the common man, and how it can help improve access to justice. LITIGATION FINANCE Litigation finance is a form of financing that allows individuals and companies to fund legal proceedings. It involves a third-party investor providing funds to cover legal costs and other expenses associated with a case. The investor receives repayment with interest only if the case is successful. This type of financing enables individuals and companies who may not have the financial resources to pursue their legal rights in court. ACCESS TO JUSTICE IN INDIA The Indian legal system has long been plagued by delays, backlogs, and a lack of resources. This has resulted in millions of cases being stuck in court for years withou...

A brief overview - Litigation Funding

Image
“Litigation funding allows lawsuits to be decided on their merits, and not based on which party has deeper pockets or stronger appetite for protracted litigation”   Bond and stock markets both witnessed bull runs from 1980 to 2021, resulting in higher returns for investors. These strong returns have made equity valuations at historically high levels and bond yields at historically low levels, implying that expected returns are currently lower than their historical averages. As a result, the current situation presents difficulties for conventional portfolios, such as a "balanced" 60 per cent equity/40 per cent bond portfolio.   This has caused numerous investors, both institutional and retail, to search for a variety of alternative investments , each with its own set of risks and returns. As a result, they have dramatically increased their allocations to alternative investments, which have significantly less exposure to the economic cycle risk of stocks and bonds as well a...

Benefits of Litigation Finance for Business

As per the reports by Daksh India, the average cost (other than fees of lawyers) incurred by a litigant is ₹1,039 per case per day, and the average cost incurred due to loss of pay/business is ₹1,746 per case per day. Legal expenses of listed Indian companies were Rs 36,973.75 crore in the fiscal year ended March 31, 2021 Thus, litigation has been an expensive affair since the very beginning. In the past few decades, many jurisdictions have introduced the concept of third-party litigation funding to ease this burden. Third-party litigation funding companies supply the capital to litigators in exchange for a portion of the settlement or other remedies. This funding is non-recourse which means that if the lawsuit fails, the funded party is not required to pay the funder after the case. The funders provide capital to businesses and business owners to help them protect and enforce their commercial rights and interests and strengthen their legal positions. On the ‘demand side’, companies ...