42 Legal Capital will consider all types of potential commercial claims – our team has extensive expertise gained from many years of experience of litigation in the English Courts.
Claim types include professional negligence, banking and financial services disputes, claims against insurers, securities litigation, data breach claims, competition/anti-trust claims, contentious trusts and probate, asset tracing and enforcement.
Prospective claimants, whether individuals or businesses (or large groups of either), are understandably daunted by the scale of the task of pursuing their claims through the Courts. Litigation funding levels the playing field. Meritorious claims can be pursued against well-resourced defendants who very often look to intimidate – both financially and in terms of the legal expertise at their disposal – those who have suffered losses.
Funding provided by 42 Legal Capital redresses this imbalance of resources so that, following our analysis of the merits, claims with good prospects, which would otherwise not be, can be brought in Court and justice served. In return for taking on the significant costs and risks associated with litigation, we receive a share of the damages recovered on success; if the legal proceedings do not succeed, we receive nothing. As part of the funding arrangements, protection (usually in the form of insurance) against the risk of paying the defendant’s legal costs is also put in place.
Unlike most other funders, we do not limit financing to claims that are already established and ready for Court or arbitration. We also consider the early stage or even “seed” funding of claims, which is often what is required in relation to potential group claims that could involve a multitude (even thousands) of claimants. In such cases, the “book” of claimants will need to be initiated, developed and maintained, the public profile of the claims raised through marketing and PR, and the legal analysis developed and advanced. These are all areas to which we can bring our expertise and resources, such that an early stage proposition is properly and efficiently worked up to an investment grade asset, ready for funding.
As the global economy continues to grow, international trade becomes ever more complex and uncertain. Combined with the ever present political risks of doing business in foreign states, the funding of investor-state and international commercial arbitration generally is on the rise.
London sits at the heart of the international dispute resolution landscape because of its roster of lawyers and the reputation attached to English law, which underwrites business contracts the world over. The London Court of International Arbitration dates back to 1892 and its arbitrators boast specialisms in fields ranging from maritime disputes to engineering.
The team at 42 Legal Capital has a broad experience of arbitration cases around the world, including Australia, Canada, the US, Russia and elsewhere and under a wide range of arbitral rules. We can provide non-recourse arbitration funding for both lawyers’ fees and disbursements, or disbursements only.
We provide funding for a claimant to pursue their claim in Court or through arbitration. Single case funding involves financing the legal costs and disbursements of a particular matter for a share in the recovery. We can also provide funding secured on a claimant’s or law firm’s portfolio of claims, thus freeing up cash flow and turning disputes into assets.
Group litigation, i.e. disputes involving multiple (often tens or hundreds of thousands of) claimants and in all of its manifestations (including Group Litigation Orders, Representative Actions and Competition Appeal Tribunal collective proceedings in the UK and Class Actions in the US and Australia), is now an established and exponentially growing feature of the litigation landscape. This growth will be supported by case law and legislation in the relevant jurisdictions.
42 Legal Capital welcomes the funding opportunities afforded by group litigation. We can bring our deep breadth of experience and resources to bear on all aspects of such litigation, including the building and management of the book of claimants, marketing the claims and in relation to the varied case management issues in Court.
In many cases obtaining a Court judgment or arbitration award is not the end of the road – there can be appeals as well as expensive enforcement processes before a successful recovery can be achieved.
42 Legal Capital can provide the necessary financing of these later stages in the dispute resolution process.
Where the claimant holding a successful judgment or award faces cash flow issues, we can also provide a funding solution that delivers cash immediately with our return secured on a recovery (once made).
