Frequently Asked Questions
/ 1 / What kinds of cases does Therium fund?
Therium funds companies, trustees and individuals pursuing all forms of substantial commercial cases in litigation and arbitration including group actions.
/ 2 / Is there a minimum case size Therium will consider?
Therium does not apply a minimum claim size but will look at the viability of the claim relative to the funding required.
/ 3 / Is there a charge for Therium considering a request for funding?
There is no fee for considering funding a case.
/ 4 / If the case is lost, does the Claimant have any financial liability to Therium?
No. Therium only receives reimbursement of the costs paid and a return on its investment from the proceeds of the case.
/ 5 / Will Therium be willing to fund only part of the cost of the case?
Yes. Therium will consider requests for funding for only part of the costs (for instance just disbursements or just security for costs). Therium will also take over funding a case part way through.
Therium funds companies, trustees and individuals pursuing all forms of substantial commercial cases in litigation and arbitration including group actions.
/ 2 / Is there a minimum case size Therium will consider?
Therium does not apply a minimum claim size but will look at the viability of the claim relative to the funding required.
/ 3 / Is there a charge for Therium considering a request for funding?
There is no fee for considering funding a case.
/ 4 / If the case is lost, does the Claimant have any financial liability to Therium?
No. Therium only receives reimbursement of the costs paid and a return on its investment from the proceeds of the case.
/ 5 / Will Therium be willing to fund only part of the cost of the case?
Yes. Therium will consider requests for funding for only part of the costs (for instance just disbursements or just security for costs). Therium will also take over funding a case part way through.
/ 6 / Will Therium fund only some of the claimants in a group action?
Yes. Therium will fund either the whole action on behalf of the group or offer funding to individual members of the group, assessing the viability of the case for funding on an individual basis.
/ 7 / Does Therium insist on solicitors or counsel acting on conditional fee agreements or on discounted hourly rates?
No. Providing the claim is viable for funding on the rates agreed with your solicitors and counsel, Therium will not seek to renegotiate those rates unless the costs exceed the cap agreed at the outset of the funding.
/ 8 / Does Therium always require the claimant to take out After The Event insurance?
Because Therium, as a funder, can be found liable for the defendant’s costs in the event that the case is lost, Therium always requires claimants to have in place ATE insurance but the cost of this can be met as part of any agreed funding package.
Yes. Therium will fund either the whole action on behalf of the group or offer funding to individual members of the group, assessing the viability of the case for funding on an individual basis.
/ 7 / Does Therium insist on solicitors or counsel acting on conditional fee agreements or on discounted hourly rates?
No. Providing the claim is viable for funding on the rates agreed with your solicitors and counsel, Therium will not seek to renegotiate those rates unless the costs exceed the cap agreed at the outset of the funding.
/ 8 / Does Therium always require the claimant to take out After The Event insurance?
Because Therium, as a funder, can be found liable for the defendant’s costs in the event that the case is lost, Therium always requires claimants to have in place ATE insurance but the cost of this can be met as part of any agreed funding package.
/ 9 / To what extent does Therium have a right to control the case after funding commences?
After funding commences, Therium requires that your solicitors provide it with regular updates on the progress of the litigation and may wish to be consulted on key strategic decisions in order that it can review the progress of the case, particularly against the budget and project plan agreed at the outset. However Therium does not seek any right to control the litigation beyond monitoring its ongoing investment.
/ 10 / Does Therium have the right to require me to make or accept a settlement offer?
No. Whether or not to settle is your decision alone. However, Therium will expect you to behave reasonably and may require you to take advice from your solicitors and / or counsel on whether settlement is appropriate.
/ 11 / Do I need to instruct a solicitor before Therium will consider an application for funding?
Therium will expect to see legal advice on the merits of the claim before funding. In exceptional cases Therium will agree to meet the costs of that initial legal advice if funding is subsequently agreed.
After funding commences, Therium requires that your solicitors provide it with regular updates on the progress of the litigation and may wish to be consulted on key strategic decisions in order that it can review the progress of the case, particularly against the budget and project plan agreed at the outset. However Therium does not seek any right to control the litigation beyond monitoring its ongoing investment.
/ 10 / Does Therium have the right to require me to make or accept a settlement offer?
No. Whether or not to settle is your decision alone. However, Therium will expect you to behave reasonably and may require you to take advice from your solicitors and / or counsel on whether settlement is appropriate.
/ 11 / Do I need to instruct a solicitor before Therium will consider an application for funding?
Therium will expect to see legal advice on the merits of the claim before funding. In exceptional cases Therium will agree to meet the costs of that initial legal advice if funding is subsequently agreed.