ELF Partners is the first litigation funding broker in Asia for competitive litigation funding products. Our services extend across the spectrum for both the third-party funders as well as the litigants.
WHAT IS LITIGATION FUNDING
Third Party Funding or Litigation Funding is a non-recourse funding mechanism of litigation finance whereby an investor or financing company will fund all or a portion of the costs associated with a legal claim in exchange for a share in the proceeds of the potential judgement or settlement fees.
For litigants, this helps externalize risk associated with the outcome of litigation and to maintain liquidity by preventing tying up working capital in litigation. It also allows impecunious litigants pursue meritorious arbitration.
For financers, litigation funding is essentially a high-return investment with sufficient expert vetting and due diligence of the merits of the case.
Our highly experienced team along with experts from the industry, evaluate the claims by analysing the following three core parameters which primarily govern the assessment for any possible investment:
Only once our process is complete and we are satisfied that a matter is a worthy contender for investment, we present the claim to the third-party funder for further consideration.
We guide and advise our clients on available options for litigation funding, identify, negotiate and help structure the funding agreement and help secure suitable counsel where required.
Quantum Analysis is the process by which an expert determines the accuracy of the quantum of a potential or existing claims by a performance audit of the Claimant’s project costs ledgers. Based on the claim analysis and auditing, the expert prepares an independent estimate of the costs the Claimant may be entitled to recover under the relevant contract clause granting remedy or under breach of contract or tort law.
When reviewing damages, we analyse the Claimant’s efforts to mitigate its damages, its cost accounting system, and the method used to calculate damages. The proper allocation of cost may often be the key to a client establishing its recoverability as part of a claim.
The satisfactory resolution of commercial disputes is complete only once the successful party is able to recover the monies it is awarded. Such recovery frequently depends on successfully tracing and recovery of assets. The location and ownership of the assets are often obscured through complex corporate, nominee or trust structures, and disbursed across multiple jurisdictions. In order to ensure that the other party has enough assets in jurisdictions where enforcing against those assets will be relatively hassle-free, we along with experts from the industry conduct a preliminary investigation into the assets of the other side.
As a funder who has made an investment in the case, it is extremely important that if successful, it will be able to recover their capital cost as well as the agreed return on investment.
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