Could You Be Eligible For Litigation Finance?
Litigation finance isn’t suitable for every dispute — but if your claim meets certain criteria, third-party funding could help you pursue it without financial risk.
Here’s how to know if your claim is likely to be of interest to a litigation funder ➡️
1️⃣ 📂 Do You Have The Type Of Claim That Funders Are Interested In?
Funders typically look for cases that are:
- Commercial in nature, or other high value civil caims– from business conflicts to shareholder and trust disputes, property claims, or professional-duty cases.
- Legally strong– the claim has solid merits and credible evidence.
- Financially valuable – the damages are large enough to justify the costs of litigation.
- Recoverable – the defendant (or its assets) is/are solvent and realistically able to satisfy a judgment or settlement.
Common claim types that attract funding include:
🧾 Commercial Disputes: Breach of terms, failure to perform, misrepresentation and fraud, and other contract disputes.
💡 Intellectual Property: Patent, copyright, or trademark infringement cases.
⚖️ Antitrust Claims: Cases involving unfair competition or monopolistic practices.
📉 Professional Negligence: Claims against professionals like accountants, lawyers, or advisors.
🏚️ Property Disputes: Cases involving real estate ownership or lease disagreements.
🔧 Construction Disputes: Disputes over delays, defects, cost overruns.
💳 Commercial Debts: Disputes over unpaid invoices, loans, or investments- where one party has defaulted.
🖊️ Insolvency Claims: Recovery of assets, misconduct in bankruptcy, or insolvency situations.
🗳️ Shareholder & Partnership Disputes: Unfair-prejudice petitions, deadlock situations, breaches of shareholder agreements, and other ownership-control conflicts.
🌿 Environmental Claims: Pollution, contamination, or other environmental harm claims.
📑 Insurance Disputes: Claims against insurance companies over denied or delayed payments, or other coverage disputes.
🧑⚖️ Trust & Inheritance Disputes: Contested wills, breach of trust, or mismanagement of estate assets.
This list is not exhaustive, but if your claim falls within one of these categories, it’s a good indicator that funders might be interested.
Funders typically focus on cases with significant financial recovery potential and a clear path to resolution. If you’re unsure about your claim type, consider whether it involves a commercial, business, or a high-value legal issue.
👤 Who can use litigation finance?
From large multinationals to local SMEs, litigation finance can help:
- Private and public companies (all sizes & sectors)
- Start Ups & entrepreneurs
- Pension funds / sovereigns / investment funds
- Charities & non-profits
- Trade associations & industry bodies
- Fiduciaries – insolvency practitioners, trustees, liquidators
- Individuals with high-value or investment claims
🙋♂️ Is litigation finance available for personal claims?
At Case Capital our primary focus is on commercial or high value civil claims- typically involving businesses, investors, or professionals.
However, we do occasionally consider claims brought by individuals if they meet certain criteria. To qualify, individual claims must generally be of high value, have strong legal merit, and involve substantial financial recovery potential.
👉 If in doubt, get in touch. We’ll help you assess your options.
2️⃣ 💰 Is Your Claim Likely To Be Worth At Least $300,000 USD?*
At Case Capital we work with businesses and claimants of all sizes, from SMEs to Enterprise level companies.
However, one common denominator is that the value of your claim will need to meet a minimum threshold before it can be considered a viable candidate for financing.
For the value of the claim, as a rule of thumb:
- ✅ Minimum threshold: $300,000 USD*
- 🚀 No upper limit — funders regularly back 7–10 figure disputes
At Case Capital we have deep connections with a wide range of funders and are able to match your claim with the most appropriate firms- based on both the type of claim and its likely financial value.
*or local equivalent
3️⃣ 📊 How to Estimate the Value of Your Claim
Start by thinking through what financial losses you have incurred due to the defendant(s) conduct.
These losses can be classified into two categories:
- Tangible current or past losses and;
- Future losses or more speculative heads of loss
💵 Tangible losses are those that can be directly quantified based on concrete events or transactions that have already occurred. These losses have a clear monetary value that can often be substantiated with documentation such as invoices, contracts, or financial statements.
🔭 Speculative heads of loss represent potential financial losses that are more forward-looking and less certain than tangible losses. While they can be a significant part of a claim, they generally require more analysis and justification, as they are based on projections or estimates of what might have occurred under different circumstances.
🔍 Examples of Either Type of Loss Include:
⏪ Tangible Current or Past Losses
- Unpaid Invoices: Amounts due for goods or services rendered that have not been paid by the other party.
- Diminished Asset Value: Loss in the value of assets, such as property or equipment, due to damage or breach of contract, depreciation, or loss of value due to unplanned downtime.
- Direct Costs: Expenses directly incurred as a result of the dispute, such as costs to repair or replace damaged property, or costs for additional labour and materials to rectify the issue.
- Outstanding Loans or Debts: Funds that have not been repaid, such as commercial loans or amounts due under financial agreements.
- Past Lost Profits: Profits that were expected based on historical performance or existing contracts but were lost due to the defendant’s actions.
- Wages and Benefits: Payroll and employee benefits paid during downtime or as a result of the dispute.
- Inventory Losses: Loss of inventory due to breach of contract, damage, or failure to fulfil obligations.
⏩ Future Losses or Speculative Heads of Loss
- Loss of Future Profits: Profits that were anticipated from ongoing business activities which were lost due to the dispute. This often requires evidence of future sales or a track record that supports the projected profit levels.
- Loss of Opportunity: The financial impact of missed business opportunities, such as contracts that could not be pursued due to the dispute, or deals that were lost because resources were diverted. This may also cover opportunities that were close to being finalised but were derailed by the dispute.
- Lost Market Share: If the dispute affected your business’s reputation or market position, resulting in a measurable loss of market share. This could be quantified based on industry data, competitive analysis, or sales forecasts.
- Reputational Damage: Though challenging to quantify, reputational damage could lead to a decline in customer loyalty, a drop in new business, or even a diminished brand value. It often requires expert analysis to project the financial impact.
- Increased Operational Costs: Higher costs incurred as a result of the dispute, such as having to source new suppliers, engage in alternative arrangements, implementing new systems, procedures, or protections, or initiating temporary measures that are more costly than regular operations.
- Loss of Goodwill: This encompasses the reduced value of business relationships which could impact future earnings. Loss of goodwill often factors into valuation adjustments for a business affected by a significant dispute.
- Lost Investment or Capital Opportunities: Potential profits or growth opportunities missed due to diverted funds, such as an inability to invest in new projects, expand business lines, or capture new markets because resources were allocated to deal with the dispute.
To assess these losses comprehensively, gather all relevant documents that can substantiate your claims, such as financial statements, contracts, expert opinions, and market analysis reports.
If you are able to substantiate potential losses of at least $300k* USD across one or more of the above heads of loss, your case may be considered investible.
*or local equivalent
📖 Go Deeper With Our In-Depth Guide
💡 Want to learn more about funding eligibility & application prep?
Jump into our free companion guide, where you'll discover:
- 🔍 Detailed funder criteria – Understand key funder requirements and identify red-flag issues.
- 🚀 Insider tips – Learn what decision-makers look for and how to stand out in the review process.
- 📝 Self-assessment checklists and templates – Spot gaps early and strengthen the file before applying.
- ➕ And more…
Book A Free 15 Minute Discovery Call To Explore Your Funding Options
Legal claims can be extremely time sensitive; so if you are facing a current or potential legal dispute we can help you explore your financing options.
This is for you if you want to:
Unlock non-recourse financing options that let you pursue justice without draining your resources
Secure comprehensive litigation insurance protection, so you can pursue your case worry-free
Find the perfect legal team for your case, saving you time and effort in your search
Apply to multiple funders with just one straightforward application
Learn more about our fully done-for-you service:
Book a free discovery call to explore your funding options:
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