Why use Litigation Funding?

Some potential corporate claimants will choose not to litigate because they are unwilling or
unable to raise finance to do so. Alternatively, even the most solvent business may choose not to litigate because they do not wish to accept the financial risks of doing so – are we throwing good money after bad?

Commercial litigation funding offers a solution. Affiniti for Commerce provides a third party
source of funds, on a non recourse basis, that can allow businesses to litigate meritorious
cases that, otherwise, they might not be able or wish to pursue.

Levelling the playing field against better resourced opponents

Affiniti’s commercial litigation funding can level the playing field between smaller companies and better resourced opponents by enabling claimants to obtain top quality reports and pursue a superior (and often more expensive) case strategy. The involvement of Affiniti may provide a catalyst for the swift resolution of a legal claim by signalling to a defendant that the claimant has funding, and that a strategy designed to prolong the litigation and ‘bully’ a smaller opponent will not succeed.

The Association of Litigation Funders states that:

‘The growth of litigation funding is to be encouraged as a means of ensuring access to justice by allowing corporations and others with meritorious claims to conduct litigation in a way that does not put undue strain on balance sheets’.