Commercial Litigation Funding

Being able to access justice is vital for all organisations, whether owner-operated SMEs or large multinationals. BMS Funding provides litigation funding solutions for clients in England and Wales, designed to ensure entities with pending litigation can manage the risk and realise potential damages.

Litigation funding for big and small business

SMEs often mistakenly believe that there is no point in approaching a litigation funder in the case of a commercial dispute as funders only deal with ‘multi-million-pound disputes’. This prevents many organisations who have a legitimate case from pursuing litigation for fear of mammoth legal fees and/or the risk of being financially crippled by an adverse costs order.

BMS Funding are committed to ensuring commercial entities of all sizes can access quality legal services and cover their legal costs via commercial litigation funding. As well as several funding options, we have devised a Commercial Litigation product that can be applied as easily to £100k quantum cases as it can to £5 million. This has allowed us to support many SMEs who haven’t had the confidence to fight a case due to the risk exposure of running cases to the end.


How litigation funding works

Your litigation claim is an asset; hence it is imperative you can pursue it. Commercial litigation funding works by providing non-recourse money to pay the fees associated with bringing a matter to court, thereby reducing your financial risk. Funds are provided by a third party who will take a share of the damages should your claim be successful. If your claim fails, your costs will be capped at £20,000.

Because of the risk involved, potential claims which may be eligible for litigation finance will be rigorously assessed by insurers, legal counsel, and our own expert staff. This provides clients with confidence, because if a funder is prepared to finance your claim, it is likely you have a good chance of succeeding.

The advantages of litigation funding

Acquiring funding to resolve a dispute has the obvious advantage of allowing you to pursue a claim whilst keeping the risk off your balance sheet. But it also provides additional firepower to an SME if their claim is against a large entity with deep pockets. If your opponent knows you are being backed by a funder, who has obvious confidence in your claim, your negotiating position becomes a lot stronger, along with the chance of receiving a positive early settlement.

In addition, you will be able to go all the way with litigation should it be required. Some decisions which may significantly affect public policy, or a particular point of law are fought all the way to the Supreme Court. Without funding, few organisations can afford to take a matter this far, meaning a larger opponent can simply outspend them. Having a reputable commercial litigation funding provider behind you puts you on an equal footing with the other party.


After The Event Insurance

To further mitigate your risk, we will ensure legal expense insurance, commonly known as After The Event (ATE) insurance is arranged for you. This will cover your liability if your case is unsuccessful and the court subjects you to an adverse costs order. Depending on the policy, ATE Insurance may also cover the cost of any disbursements your Solicitor has incurred in bringing your case, such as obtaining expert evidence and paying barrister fees.

Why choose BMS Funding?

BMS Funding provides a commercial litigation funding solution directly to SMEs and through Law Firms that caps the claimant’s exposure from day one, provides funding to run the case, and allows for it to be insured.

But what makes us stand out from other litigation funders is our focus on putting the needs of our clients front and centre. Our services allow a Solicitor to invest in the best experts available and we aim to work with modern, ambitious Law Firms who are committed to putting the needs of their clients first.

We understand the stress dispute resolution can place on SMEs, which is why we are committed to partnering with our clients to provide support, advice, and finance from the beginning to the end of a matter.

To talk to us about how we can assist you, please contact us using the details listed below.

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