Litigation and Legal Assets Funding

Macfarlanes has a leading practice in the litigation and legal assets sector and has been closely involved in the development of the market over the past fifteen years. The team has a reputation for advising on complex transactions across a sector which is now fundamental to dispute resolution and the legal market more broadly.

The rapid evolution of recent years shows no sign of slowing, and we work with clients at the cutting edge of a fast growing and sophisticated asset class. Our clients are specialists in the field.and we are able to use our intimate knowledge of the legal sector to structure transactions to fit almost any circumstance.

We believe our experience to be unrivalled, and our expertise includes advising on the financing of:

  • single case litigation;
  • case portfolios;
  • claims in the Competition Appeals Tribunal (CAT) and other class actions;
  • consumer claim warehousing;
  • claims aggregators;
  • asset tracing and enforcement;
  • insolvencies;
  • assignments of judgments or awards;
  • defence funding;
  • law firm start-ups;
  • law firm liquidity requirements;
  • law firm insolvency; and
  • bespoke secured funding packages.

Our dedicated team also advises on the establishment of litigation funding platforms, the raising of capital, the tax treatment applicable to the asset class, and the navigation of disputes arising from funding arrangements.

Whilst the core of our practice is focused (directly or indirectly) on the UK, we also have extensive experience of transactions relating to the financing of litigation and legal assets in multiple jurisdictions within the United States of America, and in Switzerland, Liechtenstein, the Netherlands, Spain, Italy, France, Germany, the UAE and Hong Kong.

Recent work

Funders

- A series of specialist funders in relation to multiple funded claims in the Competition Appeals Tribunal;

- A leading litigation funder in relation to the financing of certain claims in administration;

- A leading litigation funder in relation to the establishment and capitalisation of a new funding platform;

- A specialist funder in relation to the insolvency of a law firm;

- A specialist funder in relation to the funding of a synthetic portfolio of claims;

- A leading litigation funder in relation to financing a portfolio of international litigation and the monetisation of EU judgments;

- A leading litigation funder in relation to the financing of a multi-jurisdictional enforcement and assignment;

- A leading litigation funder in relation to the financing of several law firm start-ups;

- A specialist funder in relation to the warehouse financing of a consumer claim business;

- A leading litigation funder in relation to the liquidity financing of a global enforcement and asset tracing business;

- A specialist funder in relation to the financing of a claims aggregation business;

- A specialist funder in relation to the financing of various class actions; and

- A specialist funder in relation to the financing of certain debt claims.

Funded parties

- A leading law firm in relation to its liquidity requirements;

- A boutique law firm in relation to a bespoke growth capital funding arrangement;

- Joint Liquidators of an English company in relation to the funding of fraud claims;

- SPVs in pursuit of significant outstanding debts; and

- A group of foreign individuals in relation to claims in English commercial court proceedings against foreign defendants.

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What people are saying

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"Malcolm Hitching is a heavyweight banking lawyer, who has developed a very broad and deep knowledge of the legal finance space. He has fantastic client skills and his industry knowledge is exceptional."

Chambers UK 2024

"Macfarlanes has one of the leading corporate commercial litigation and corporate practices in the UK. They have always provided us excellent advice and have a good pulse on the market. They are very much at the top of their field."

The UK Legal 500 2022

"The team is very strong, has top quality instructions, goes toe to toe with the largest City firms, and is excellent value for money. There is strength in depth at all levels."

The UK Legal 500 2022

"Extremely able, experienced and thoughtful litigators. Take a detailed approach to mastering the legal and factual detail of the case. Give practical and commercially sound advice in complex disputes."

The UK Legal 500 2022