Welcome to Francis Wilks & Jones, a leading boutique firm specialising in commercial litigation claims.  Whatever your situation, whether you are in Court proceedings or not, whether you are a proposed or existing claimant or defendant, please contact one of our specialist lawyers for your expert friendly free consultation where we can discuss a structure to manage the funding of your legal costs.

Litigation Funding

 

1. Litigation Funding: Making the Strength of your claim pay

Litigation is the process of settling legal disputes via the Courts.

All non-criminal legal matters dealt with the Court are commonly referred to as civil litigation, the cost of these types of legal proceeding are not cheap. As solicitors, we only have the commodity of time to sell and accordingly the cost of this time can be quite expensive and is not normally affordable except for those with at least reasonable resources.

A common way to get around this problem is by financing the asset, being your claim or the strength of your defence (although the latter is less common). This, together with more traditional ways of paying legal costs, are often referred to as Litigation Funding.
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1a. How do People Fund commercial litigation?

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1b. What are the alternatives to litigation

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1c. The key legal principles of funding litigation

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2. What funding arrangements can I enter into with my solicitor?

One of the biggest reformation in recent years has been to commercialise the funding of the legal system in England & Wales.

Historically, access to justice (in respect of commercial or non-family civil claims) was restricted to your ability to pay or a complicated application for Legal Aid, where the state funding your legal advice and assistance.

This worked quite well but was costly to the taxpayer and whilst the principle was sound, the Legal Aid system was vulnerable to abuse.
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2a. Fixed Fees

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2b. Blended Rates

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2c. Conditional Fee Arrangements

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2d. Discounted Conditional Fee Arrangements

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2e. Damages Based Agreements

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3. What other funding arrangements exist?

Going to Court or engaging a solicitor for any work is expensive. The legal justice system is full of expensive institutions, individuals, firms and companies which are costly to use or engage, even though they mainly exist to support personal freedoms and rights.

In recent years access to justice has become even more difficult, with Legal Aid now very difficult to access in the UK and, without funding, it is almost impossible to impose or rely on legal rights provided by the law.
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3a. Litigation Funding Models

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3b. Solicitor Funding

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3c. Bridging finance

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3d. Assigning claim

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3e. After The Event Insurance

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4. What if I lose the claim?

We outline below the risk of losing a claim, even where funding arrangements are entered into, and what further steps can be taken to mitigate such risks.
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5. Insolvency Practitioner Claims

These claims can often comprise the most valuable asset in the company or in a bankruptcy and, without any assets being available to fund such legal proceedings, the Insolvency Practitioner is in a very difficult situation.
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6. Dealing with abuse of process

The legal rights or claim effectively exist as an asset that is being financed solely for the purpose of gaining a return on the investment in the legal costs incurred in pursuing such rights. However, historically such a manipulation of the law solely for financial reasons was frowned upon and could even lead to a prison sentence.
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6a. Initial risk assessment

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6b. Disclosure of Information

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6c. Third party costs orders

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6d. Security for Costs

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