Litigation funding, also known as legal finance, involves a funder paying part or all of a claimant’s legal costs of pursuing a claim on a non-recourse basis. Funders typically receive no recovery if the claim fails. Legal finance also involves providing capital to law firms and funding portfolios of claims for law firms and corporates.
The benefit of non-recourse funding is that if your case does not succeed, you do not owe Therium any money.
Therium provides funding to claimants, law firms and corporates for meritorious cases including banking and financial markets cases, securities and shareholder disputes, international arbitration, professional negligence, competition and anti-trust litigation, trust litigation, intellectual property (IP) disputes, insolvency cases, insurance cases, tax claims, group and class actions, general commercial disputes, fraud disputes, shipping and international trade claims and the enforcement and monetisation of judgments and awards.
To find out if your case is eligible, we invite clients to make contact by email with the investment managers for the relevant jurisdiction and they will progress the enquiry under a confidentiality agreement.
Please use the contact us form to email one of our investment managers and provide us with initial information about the claim and we will get back to you with any further questions. We conduct due diligence on all claims and once we are confident that the claim is meritorious, we present to the Investment Committee.
We invite approaches for litigation funding from both lawyers and claimants, particularly in the case of corporates seeking funding for a portfolio of claims or for individuals who form part of a potential group action.
Usually, we request a summary of the case or cases, including details of the claim, the quantum of the claim and the budget for pursuing it, together with details of the defendants. Once we have the initial information, we will indicate whether we are interested in progressing the case and if so, will usually agree commercial terms at an early stage.
Due diligence is carried out by our investment team who assess the merits and commercial viability of the claim, negotiate funding terms and take the case through the Investment Committee process, draft and negotiate the funding documentation. The length of time this takes depends on the complexity of the case, and how well prepared the information is, but cases can be prepared within a few weeks.
Yes, we can make decisions quickly where circumstances require.
Yes Therium can provide an indemnity for the adverse costs risk and can deal with any requirement for security for costs as part of the litigation funding arrangement.
Yes, providing these costs are included within the agreed funding budget, historic costs (whether paid by the client or unpaid at the date of funding) can be funded.
Therium assists claimants in securing after the event (ATE) insurance, which provides protection against the financial exposure of having to pay an opponent’s legal costs if the claimant is unsuccessful in their legal proceedings.
Therium does not have a minimum case size.
Regulation varies across jurisdictions. Regulation comes from the courts, the International Legal Finance Association’s Best Practice Principles and the Association of Litigation Funders of England and Wales’ (ALF) Code of Conduct which is endorsed by the Judiciary.
Regulation varies across jurisdictions. Therium is active in a wide variety of jurisdictions across the world. Therium is able to fund in any jurisdiction where funding is legally permissible.
Yes, Therium has the ability to advise funds for selected third parties. Please email: contact@therium.com
Therium has a diverse investor base providing the company with a stable capital platform for its funding activities. They include global institutional investors.
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