What Funders Look For - Checklist

Checklist

When considering whether to fund (invest in) a claim, each dispute resolution funder will have a different set of investment criteria that they will work to. However, there a number of common factors that all professional funders are likely to assess, when deciding whether or not to invest in a claim, which are important for clients and their lawyers to bear in mind when considering any application for dispute resolution funding.

This Checklist sets out the common factors all professional funders will consider when assessing whether to fund a claim. These are financials (anticipated costs and quantum), chances of success, enforcement (including defendant’s domicile and location of the defendant’s assets) as well as the applicable law for determining the dispute and which courts have jurisdiction.

Financials

Factor Requirement

Comment

Notes (for practitioner to complete)

Anticipated costs

A budget for anticipated costs to trial.

All funders are likely to expect to see a budget for anticipated costs to trial, because this is likely to be the starting point for the level of investment that they are being asked to make.