Third Party Funding: A Litigation Lifeline?

On 27 May 2020, Kalita Partners launched its Live Talks series with a first session dedicated to Litigation Funding with Simon Davenport QC (3 Hare Court) and Sergey Litovchenko (Bivonas Law).

The Live Recording is still available here. 

The high quality content of this first session was the basis for an article which was just published by the NewLaw Journal, entitled: Third Party Litigation Funding: a Litigation Lifeline?

As the COVID-19 pandemic and economic fallout drain liquidity from businesses and individuals, self-financing lawsuits will become increasingly challenging. Meanwhile, the litigation finance industry, which has tended to be non-correlated to financial markets or counter-cyclical, is in a position to provide a lifeline. But with so much demand for cash, funders will become more discerning about which cases they back and will charge more for their services.

Third party funding, otherwise known as litigation funding or finance, is the loaning of capital by a fund or investment firm to cover a party’s legal costs, which is repayable (with a return) in the event of a successful claim. Put crudely; it is paying for litigation when a party has a good case but either cannot afford or will not fund it themselves. As set out below, applying for third party funding require