News & Articles
Published articles, interviews and Bench Walk related news.
Funder mentalists: how much does a legal megabrain cost?
In my prior blogs I examined “implied probability of loss” as a way of analysing the risk and price of transactions in the litigation funding market.
Let’s take for example (and with all the usual caveats about being reductive) a funder that determines that a case has, say, a 2/3 chance of winning and generating for both the claimant and the funder lots of money, and a 1/3 chance of losing with an attendant destruction of the funder’s entire investment. When pricing this case that funder must charge, on a win, $1.5 for every $1 invested just to break even. This is because the funder has a 1 in 3 chance of losing 100% and a 2/3 chance of winning 150%, which yields, on average, 100% (that is, a mere return of the funder’s investment).
English Courts Summaries of Arbitration-Related Decisions, 2019
Considering the importance of English Courts in international commercial litigations and arbitrations, there are significant develop- ments each year. While some of these decisions are welcomed among scholars and practitioners, some of them are highly criticised. This paper reviews some of the most critical arbitration-related decisions from the English Courts in 2019. These cases illustrate the pragmatic nature and pro-arbitration stance of the English Courts.
Lawdragon Global 100 Leaders in Legal Finance 2020
Congratulations to Co-founder and Managing Director, Stuart Grant, on being recognised in Lawdragon's inaugural guide dedicated to the role of legal finance in law firms worldwide, which brings together pioneers of litigation finance, who’ve helped build this field for decades alongside young stars bringing technological tools to better funding assessment and results.
When is litigation funding the right choice for in- house counsel?
Dispute Resolution analysis: Ayse Lowe, director at Bench Walk Advisors, details the benefits of litigation funding to in-house counsel and advises on funding portfolios. Interviewed for Lexis Nexis by Halima Dikko.
Funding Nemo: do funders fund too few cases?
Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.
Funders keepers: is litigation funding too expensive? (Part 2)
Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.
Funders keepers: is litigation funding too expensive? (Part 1)
Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.
Practical Law Dispute Resolution blog: defence litigation funding
In a new post on the Practical Law Dispute Resolution blog, Adrian Chopin at Bench Walk Advisors considers defence litigation funding, including the available funding options, its increasing attractiveness and the potential challenges.
Litigation funding: no longer sitting on defence
Litigation funding has typically focused on claimant side investment. Defence funding feels less valuable because it does not so obviously unlock an asset. In addition, the cash benefit of having a funder pay defence legal costs will often be dwarfed by the potential cash payout by the defendant on a loss. And finally, a defendant worth suing is usually not cash constrained in the same way as many claimants who seek funding. But as the funding market has matured, some funders, defence lawyers and their clients have begun to express interest in defence funding.