Litigation Funding is available from the Calunius Fund to manage the costs risks for Claimants in litigation or arbitration. Those costs risks include lawyers’ bills, fees for experts to give evidence in support of the case, Court fees and other expenses, plus the possibility of having to pay the other side’s costs if the claim is unsuccessful.
Generally, Litigation Funding is “non-recourse”. If the claim turns out to be unsuccessful and the Claimant has performed its obligations, there is nothing to pay.
Historically, the role of Litigation Funding was restricted to insolvencies. Nowadays, Litigation Funding is more often about transforming the bargaining power of Claimants who are in litigation with an opponent whose resources are much greater than the Claimants can deploy.
In a typical Calunius Fund transaction, the Fund takes on the obligation to pay the Claimant’s lawyers’ fees, experts and other costs and expenses.
Calunius’ return from successful cases comes in the form of a multiple of the sums invested and/or a proportion of the damages awarded.
There is a major advantage when Claimants secure Litigation Funding from The Calunius Fund. Whilst there may be no obligation to notify the other parties to litigation that the Claimant has secured Litigation Funding, Defendants to a claim that is understood to be supported by The Calunius Fund will know that the case against them has been professionally appraised by experts independent of the Claimant, both as to the merits and as to quantum.
