A world leader in large scale
Commercial Litigation Funding.
our-value-proposition

Our Value Proposition

The Calunius Fund has a completely flexible pricing structure. Each and every risk is individually assessed and priced according to its needs and merits.

The multi-disciplinary background of the Calunius team delivers a unique and authoritative approach to the valuation of commercial litigation claims.

Calunius offers a mix of approaches to pricing, seeking returns on successful investments based around combinations of multiples of outlay, percentages of proceeds and/or minimum thresholds. In our experience, such flexibility is unusual amongst litigation funding providers.

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.

Other than simply enabling costs to be met, Litigation Funding can offer advantages such as:

Equalising Resources

Imagine a Claimant who was ready to settle litigation with a much better resourced Defendant for £2mm. The availability of Litigation Finance might enable the Claimant to litigate on a basis of resource-equality and to hold out for its true and fair settlement value at £10mm.

Sharing the Risk

Imagine a Claimant who holds a single asset, perhaps as a liquidator or as a business that is doing well operationally but holds a litigation asset in the form of a strong claim against a party with whom the Claimant no longer has a business connection. The Claimant may be unable or unwilling to take the financial risk that would be involved in properly resourcing the claim. Litigation Funding can take on the costs burden and give the Claimant a good net return on that asset whilst managing to extinction the risks ordinarily associated with litigation.

Aggregating Smaller Claims

Sometimes a number of businesses or investors suffer losses with a common cause. Perhaps those losses might not in any individual case be great enough to justify the costs risk inherent in using litigation to pursue an individual recovery. However in aggregate, those losses can be significant. Litigation Funding can enable those losses to be recovered for all individuals in the group without any individual having to take litigation risk on behalf of others.

Calunius Capital in the media - 2012

The third way

The Lawyer - 6 February 2012

Third party litigation funding was the topic discussed by The Lawyer’s panel this week and Calunius’ Christian Stuerwald was asked for his reaction.

Litigation funders respond to US calls for increased regulation

Edward Machin, Commercial Dispute Resolution - 3 February 2012

All hell broke loose last week in the world of litigation funding. There was a debate in the House of Lords on the Legal Aid and Sentencing and Punishment of Offenders Bill which included half an hour on litigation funding. This was instigated by an extraordinary lobbying effort by none other than the US Chamber of Commerce, the mouthpiece of Global Big Business and Enemy of Access to Justice, whose main purpose in life is to preserve the inbuilt advantage in litigation held by the biggest of businesses. The US Chamber rightly perceives litigation funding and the Access to Justice that it gives to SMEs as a serious challenge to the US Chamber’s members. The Chamber’s position has stimulated a series of replies from litigation funders. Here you will find a selection starting with articles in CDR (above) and Rachel Rothwell’s article in Law Society Gazette (below). A copy of the Parliamentary Briefing prepared by the Association of Litigation Funders of England & Wales can also be found below.

Storm raging over investing in litigation

Rachel Rothwell - Law Society Gazette - 7 February 2012

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