Commercial Litigation Funding

Bentham’s commercial funding allows a client to fund all or a portion of the legal fees of their litigation. We fund all legal costs associated with pursuing a claim, and cover the adverse costs and security for costs awards. Our funding is non-recourse, meaning if the case fails there is no need to repay the investment.

  • Historically our clients have received the majority of the recoveries.
  • We fund all legal costs associated with pursuing the claim.
  • All related disbursements are funded, including counsel’s advice and expert reports.
  • As part of our funding arrangements, Bentham covers any court ordered costs, including security for costs orders.
  • We fund costs associated with assessing the commercial viability and merits of a claim, including lawyers’ fees and expert opinions. This is useful when:

    1. The client’s lawyer recognises the foundational merits of a claim, but needs to complete further due diligence to ensure that pursuing the claim is in the best interests of the client.
    2. The client can’t afford to pay for the due diligence.
  • We also fund proceedings at the appeal stage. This is useful because clients can run out of money, their cash may need to be allocated elsewhere, or they may lose the appetite for carrying the contingent liability of litigation.
  • On successful resolution, Bentham is entitled to reimbursement of the amounts it has paid plus a fee, calculated as a percentage of the resolution sum or a multiple of the amount invested.

Individual Client Funding

  • Client eligibility is assessed on the merits of the claim.
  • Bentham only receives a return if the claim is successfully resolved.
  • The maximum amount depends on a variety of factors, including claim size and the complexity and duration of the case.

Please note that we do not fund personal injury, discrimination, or malpractice cases.

Benefits of Commercial Case Funding

  • Our funding is non-recourse – if you lose your case, you owe us nothing.
  • If your claim does fail, any court ordered costs are covered. This means you won't have to pay the other side's costs.
  • Our funding can help pay your lawyer's fees, assist with the high cost of litigation and enable you to afford counsel of your choice.
  • Our funding provides support against opponents seeking to outspend you.
  • 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.
  • 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.

How Does the Process Work?

The first step is to contact us to provide us with information on the case, the lawyers, and the court. Under a non-disclosure agreement we will provide preliminary deal terms to you. Deal terms depend on case merits and estimated time to resolution (frequently ‘stepping up’ for longer cases). After conducting due diligence and approval by our investment committee, we finalize terms and execute a funding agreement.

If you have a case that meets our criteria please contact us.