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WE BRING SUPPORT AND EXPERTISE TO YOUR CLAIM
Our funding is non-recourse – if you lose your case, you owe us nothing.
If your claim does fail, any adverse costs risk is covered. This means you won't have to pay the other side's costs.
Our funding can help pay your attorneys fees, assist with the high cost of litigation and enable you to afford counsel of your choice.
Our funding lets you monetize or "cash out" a portion of your recent judgment, to reduce the risk and stress that it may be reversed or reduced.
Our funding provides support against opponents seeking to outspend you.
Our funding enables law firms with diversified portfolios of cases to cover most or all of their fixed costs and still recover significant contingency fees.
We provide additional analysis of your case - we conduct our own due diligence and we may also confirm our internal analysis with our network of legal experts.
We do not control legal or settlement decisions.
Funding of commercial cases allows a client to finance all or a portion of the legal fees and costs of their litigation.
We fund portfolios of cases for law firms on a non-recourse basis. This helps firms to create or expand a portfolio of diversified cases.
Appeal funding allows a client or lawyer to monetize a portion of a judgement while the appeal is pending.
Our funding process is outlined in this two-page summary, which explains how we conduct due diligence, negotiate litigation funding agreements and help mitigate legal risks.
We are unique in that we have a Code that outlines our commitment to fairness, transparency, accountability and responsibility. It guides us in every step of the litigation funding process.
All applicants are asked to sign a Non-Disclosure Agreement (confidentiality agreement) at the outset of the funding process. In addition to the protections afforded under the NDA, Bentham also has this policy for handling personal information in general.
In September 2016, we hosted a roundtable of international litigators and academics to discuss the Canadian perspective on litigation funding. This discussion paper summarizes what we learned.
After briefly reviewing a case to ensure it meets our minimum investment criteria, we negotiate initial economic terms with the applicant. This is done by executing a term sheet, pursuant to which we conduct our due diligence and case evaluation. This process ensures that everyone shares a common view of the indicative key terms of any possible funding agreement.
Bentham evaluates opportunities by assessing a number of factors, including the type and strength of the case, the potential damages and/or settlement prospects, counsel’s fee arrangement, the likely length of time to resolution, the amount of capital required to prosecute the case, and the defendant’s ability to satisfy a judgment.
Once we've decided to move forward with an applicant’s funding opportunity, we will confirm the terms of the investment in a detailed written agreement that balances and aligns the interests of the parties and counsel.
Bentham will stay close to the developments in the case as it progresses to trial. We will receive periodic updates from counsel, and as needed based on major milestones.
We will provide additional help from our wealth of expertise and resources, when useful.
Bentham is entitled to its recovery when the party’s case has been settled or the party has received a judgment in its favour.
If the case is unsuccessful, the party will owe Bentham nothing.
We help carry the financial burden of litigation.