Category: Uncategorized

Charities and non-profits have an essential role in supporting those in need. However, to protect their statuses as non-profits as well as the communities they serve, charities must constantly navigate different regulations, deal with political change, manage funds, and anything else that comes to mind. This can often result in litigation concerns and a need for support from litigation funding. To that end, we’ve put together a quick guide on litigation finance for charities and non profits.

Therium is one of the world’s most trusted litigation funders.

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Therium is a founding member of the Association of Litigation Funders (ALF) and below we have explained more about the role of the association and how it impacts the wider legal industry.

Litigation funding has become an important market for the legal industry and an invaluable tool for investors and claimants seeking support. The industry can dramatically affect the ability to pursue legal challenges in both arbitration and litigation. As such it is incredibly important for this industry to be regulated to ensure the integrity of funding and the legal process. This is where the Association of Litigation Funders (ALF) comes in.

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Litigation funding opens up new ways for companies and investors to discover and unlock hidden assets. In the past litigation has long been seen as a pit for resources with no winner. However, litigation funding turns these pitfalls into opportunities by assessing cases, sourcing funding, and paying out dividends in the event of a successful case. This new opportunity is facilitated by litigation funding firms such as ourselves. We connect litigants to funders, carry out due diligence and ultimately help litigants and investors successfully resolve disputes.

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A large majority of disputes never see public trial. Instead, most cases are settled out of court with arbitration, otherwise known as ADR, a common method for settling disputes. But what is arbitration? Many SMEs and individuals who have little to no experience may be frightened off by the prospect of this form of dispute resolution but it is simpler and often easier for both parties. We’re going to look at what arbitration and how it works to demystify the process.

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A lot of people when researching litigation funding come across terms like maintenance and champerty. These terms were originally used as ways to monitor and protect legal cases but their practice in a modern world where litigation funding has become the norm has shifted their focus. So what do they mean? And how do they work in relation to modern practices?

 
A Historical Understanding of Maintenance and Champerty
For this article, we will only be looking at maintenance and champerty as they relate to Common Law and the realm of litigation funding.

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Litigation funding makes use of various funding structures to fulfil the needs of clients and investors alike. These include litigation funding, arbitration funding, class actions, de-risking and monetising judgements, awards, and claims, and creating portfolio funding with law firms. We’re going to look at portfolio litigation funding arrangements and how they are formed.

 
The Growth of Portfolio Financing
Litigation portfolio arrangements allow for multiple cases to be funded under a single facility. This streamlined process accounts for a firm’s caseload, its client base, and the investors’ risk appetite.

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Litigation funding has grown exponentially in markets across the world. While many litigation firms were only established around 2009/2010, this burgeoning industry has grown in leaps and bounds with markets forming in the USA, Canada, Australia and parts of Asia. But what does the future hold for litigation funding in a post-COVID world? We’re going to take a brief look at how litigation funding and arbitration could become more dominant in litigation.

 
A Brief History of Litigation Funding.

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