Are you looking to enter into litigation, but put off by the potential costs and risks? By utilising alternative means to fund cases, you can engage in litigation without the initial capital investment – drastically lowering your risk.
How our FeeManage service can help
Through collaborating with a number of the largest litigation funders in the market as well as more boutique providers, we’ve created a solution that allows you to access funding and alternative means of financing quickly and easily via one of four routes, or a combination of these options depending on the facts of your case.
Unlike competitors, we aren’t tied to one lender or funding route – we offer a range of funding solutions, meaning our market-leading lawyers can work with you to create a bespoke solution for the unique requirements of you or your business.
Click on the icons below to find out more about our four litigation funding routes:
Why choose Shakespeare Martineau?
There are plenty of reasons to choose us as your litigation team:
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We aren’t tied to one lender or funding route – we offer a range of funding solutions, meaning we can create a bespoke solution for you or your business.
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We offer both part and full funding options – giving you complete flexibility to manage your risk as required.
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Our litigation solicitors are ranked in the legal 500 and chambers.
Have questions? Get in touch to find out more about how FeeManage can help you and your organisation…
How FeeManage works
We’re really proud to be taking a different approach to litigation funding. We’re not fixed to a single provider and we’re giving our clients every option available for funding their claim.
Our team of legal experts will seamlessly guide you through the litigation funding process, in four easy steps…
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Free initial consultation session
During your initial consultation, our lawyers will review the different options available to you and your organisation, discuss the suitability of FeeManage and determine the best route for your needs. -
Assessment of case
Once your preferred route is agreed, we will then undertake an in-depth internal assessment of your case to ensure it is of optimal benefit to you.The due diligence process then continues with the advice of an external barrister to assess the merits of your claim. This can provide you with additional confidence in your course of action and enable you to make the right decisions based on additional expert opinion. This work will be chargeable.
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Confirm funder
We then leverage our trusted network and/or brokers (if necessary), insurers and funders to obtain best rates and deals in the market. This work will be chargeable. -
Case begins
Once the approval process is completed, we then issue your documentation for signing, before then commencing the litigation as quickly as possible to get your case moving. Our team will manage your dispute as it progresses. Find out more about our commercial disputes team >>
Meet our Litigation Funding Lawyers
"A challenging economy puts pressure on companies and individuals in all sectors. Clients want to know their legal advisors are prepared to help them weather difficult times. That’s what FeeManage can offer."
Barry Jervis, Partner & Head of Litigation
Get in Touch
Our solicitors are here to answer any questions you might have on litigation funding and FeeManage.
Complete the contact form and we will aim to reply to your query within 2 hours.
0330 024 0333
We've put together some frequently asked questions on litigation funding
Whether it is removing litigation from your balance sheet, managing risk or generating additional revenue streams, litigation funding has significant benefits to you:
Reducing your risk
Litigation is never completely without risk, however, having a range of funding options available allows you to pursue litigation with reduced risk given the additional scrutiny applied to your claim from the outset. It also gives you certainty about the level of costs and when you will be expected to make payments.
Reducing your costs
Third-party funds can allow you to engage in litigation without the initial capital investment. This could therefore allow you to bring proceedings, which you previously felt were too expensive to pursue due to the up-front cost.
Giving you confidence
Before a funding route is chosen, we will undertake an extensive due diligence exercise to assess the merits of your claim - see stage two of our how FeeManage works above. This exercise is further supported by either the third party funding or after the event insurance provider conducting a further assessment of your claim and/or by us obtaining an opinion from a barrister on prospects of success. This can provide you with confidence in your course of action and help you make the right decisions based on additional expert opinion.
Taking litigation off your balance sheet
Successful litigation can bring increased revenue into your business. But, initiating the litigation process has traditionally involved a significant capital investment. By accessing litigation funding or using alternative financing agreements, you can remove litigation from your balance sheet. Reducing risk but still allowing for an increase in revenue should you be successful.
Please note that the questions and answers on this page are for general information only and must not be used as a substitute for legal advice. You should always take legal advice which is tailored to your specific circumstances.
How can we help?
Our expert lawyers are ready to help you with a wide range of legal services, use the search below or call us on: 0330 024 0333
Conditional Fee Agreements (CFA)
Often known as “no win, no fee”, CFAs are an agreement where the payment of some or all of your legal fees is dependent upon the outcome of the litigation. If your case is unsuccessful there is nothing to pay. If your case is successful, your legal fees are payable together with any agreed percentage uplift.
When can a conditional fee agreement be used?
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CFAs are open to everyone and can be used in a wide range of commercial disputes.
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Although most CFAs are entered into by claimants, we can also act for you as a defendant on a CFA basis, either in relation to your defence or your counterclaim.
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We offer CFAs on a full or discounted basis depending on the circumstances. A discounted conditional fee agreement allows for a discounted hourly rate so that only part of the firm's fees are conditional.
Benefits of a conditional fee agreement include:
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You won't have to pay any legal fees if your claim is unsuccessful unless we have agreed a discounted CFA with you (except for disbursements).
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When you sign your CFA, you don't have to pay us any fees upfront.
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We share the risks and costs of the litigation with you.
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Your legal team is incentivised. We will go to great lengths to analyse your case and get as much information as possible from you before agreeing to proceed. The reason for this is that if we aren't successful for you, we won't get paid.
What happens if I lose?
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If you lose you will normally be ordered to pay the other side's costs, whether there is a CFA or not.
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It is common practice to obtain insurance - called "after the event" (ATE) insurance – to guard against this risk. Find out more about ATE insurance below.
After the Event Insurance (ATE)
After the event insurance is a policy purchased during the litigation process (usually at the beginning) to protect you against having to pay the other side’s costs should you lose.
While a conditional fee agreement protects a client from liability for their own legal costs if they should lose, it does not protect them from their opponent's legal costs. Legal expenses insurance can do this.
We work with a wide range of market leading ATE insurance providers to ensure you have the right fit for your claim.
When can after the event insurance be utilised?
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For clients we act for on a conditional fee agreement basis.
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ATE can be used in any type of litigation.
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ATE insurance can be used whether you are a claimant or a defendant, although in practice ATE Insurance is mainly used by claimants.
Benefits of after the event insurance include:
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ATE Insurance will protect you against costs risks right from the outset - if a claim is insured at a late stage then (as with most insurance policies) costs and disbursements which occurred before the date of the ATE Insurance policy will not normally be covered.
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It removes the risk of you having to pay the other side’s costs (and if covered, your own costs and disbursements) if you lose the case.
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You will have a good idea of the downside in the form of the cost of the insurance premium as soon as a quote is obtained.
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It provides an incentive for the other side to settle, as they will know the insurer conducted a separate analysis of the merits of the case or defence.
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ATE policies can be arranged at any stage of the case, although they may be more difficult and expensive to secure later in the process.
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Flexible premium structures.
Before the event insurance
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If you have a ‘Before the Event’ (BTE) insurance policy included in your home, car or credit card insurance then we will look to use that insurance to cover the legal costs and an ATE policy should not then be required.
"Having ATE insurance in place sends your opponents the message that you are in the litigation for the duration, having already minimised the litigation costs risk."
Emma Duncan, Senior Costs Lawyer
Third Party Funding (TPF)
Third party funding involves an agreement with a third party funder where they pay some or all of your legal costs, enabling you to pursue your case, in return for a % share of the damages awarded should your case be successful.
Third party funding is most suited to individuals or businesses who:
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Need funding for stand alone claims.
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Can be used in almost all litigation or arbitrations including financial services, general commercial and fraud claims.
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Used primarily for monetary claims and by commercial claimants, although claims brought by individuals and even public bodies can be funded.
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It can be used to fund group litigation.
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Some funders will consider funding defendants if you have a sizeable counterclaim; a portfolio of litigation matters supported by the same funder, or you agree to give the funder a stake in a future asset or income which is expected to flow from the successful defence.
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For guidance, funders will normally look to recover three to four times their initial investment – our experts will look at a number of options and details will be provided.
Benefits of the third party funding include:
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Reduces financial risk and removes litigation spend from the balance sheet.
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It covers all aspects of your claims from origination to enforcement.
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Your remain the primary beneficiary of the judgment, as a funder is not permitted to take more than 50% of the damages or award (including our legal fees and disbursements).
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You retain control of the claim.
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You benefit from an external due diligence process and independent validation of your claim.
"We work with a range of brokers to select the right third party funder for your case so we are not tied in with any single provider."
Barry Jervis, Partner & Head of Litigation
Damages Based Agreement (DBA)
We’re proud to be at the vanguard of firms who offer Damage Based Agreements. DBAs are a contingency based agreement where your legal fees and lawyers’ costs are payable out of the damages you receive, in the event you are successful.
Damages based agreement is most suited to individuals or businesses who:
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The claim has strong merits - DBAs are only suitable for cases with at least 60% prospects of success.
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The value of the claim is at least £5 million.
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The opponent’s credit worthiness and ability to pay a damages award is good, as well as the prospects of successfully enforcing the judgment in the place(s) where the opponent has its assets.
Benefits of the damages based agreement include:
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You will not have to pay any legal fees (except expenses, such as experts’ fees) until sums are recovered from the defendant that can be used to pay them.
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You will be better placed to predict legal spend as our legal fees and your barrister’s fees will be included in the % fee we agree with you. This allows you make a provision on your balance sheet for legal costs.
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In claims or proceedings at first instance, we are not permitted to take (including VAT) a % greater than 50% of the "sums ultimately recovered" by the client including counsel’s fees.
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If the case is lost you will not have to pay your own legal fees (other than expenses, assuming a barrister is also engaged under a DBA).
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The interests of lawyer and client are closely aligned where a DBA is in place.
How can we help?
Our expert lawyers are ready to help you with a wide range of legal services, use the search below or call us on: 0330 024 0333