When does litigation funding for commercial claims make sense?
Clients see litigation funding as a means of advancing claims, while sharing or offsetting the risk and cost. Litigators can use funding to attract clients who could not otherwise afford their services, to help large clients manage cost and risk, and to offer creative fee arrangements. It also allows us to ensure that meritorious cases are properly resourced through to trial.
In the wake of Schenk v. Valeant (2015) and decisions that build on its reasoning, clients and counsel are exploring ways of advancing commercial litigation, including breach of contract, oppression, intellectual property, breach of duty, securities, insolvency and other business disputes.
In this video from the TLA, the panelists include litigators from both large and small firms, and counsel for a litigation funder. They discuss what litigation funding is and how it works in practice, what the courts have had to say about it, and why counsel are now increasingly thinking about funding.
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