Whitepaper: Anatomy of a Litigation Funding Transaction

This whitepaper provides a practical overview of how a litigation funding transaction is typically structured, from initial case assessment through to enforcement. It explains what funders look for in a potential opportunity, how the diligence process works, and the main commercial and legal considerations that arise at each stage.

Designed for corporates, legal advisers and other prospective users of third-party funding, the guide covers claim suitability, funding terms, return structures, control rights, and enforcement strategy in a clear and accessible format.

Key takeaways

• what third-party funding is and when it may be appropriate

• the types of claims that may be suitable for funding

• the main factors funders assess during due diligence

• how litigation funding agreements are typically structured

• how returns, waterfalls, and control rights are usually addressed

• what to expect during the litigation process and at enforcement stage