Adverse Costs Risks & Awards

Adverse costs orders are increasingly prevalent in international litigation, with many jurisdictions following the English model whereby the loser pays some or all of the winner’s legal costs.

Claimants must therefore consider how to fund not only their own costs, but also those of the defendant in the event that their litigation is unsuccessful. This contingent risk is significant, particularly in high value cases.

At Woodsford we can assume that risk for you, either as part of our case funding solution, or as a self-standing finance solution. This may include a contractual indemnity that we pay the defendant’s cost in the event of an unsuccessful claim, security for costs, or funding for an after-the-event (ATE) insurance premium.

We are also able to provide finance solutions for orders stating that a party’s costs are to be paid in an amount ‘to be assessed, if not agreed’. Orders such as this can be considered an asset of variable amount and timing, and we are able to monetise that asset, effectively accelerating payment to the litigant or the law firm.

As with case funding, the return from our adverse cost solutions is conditional on success, meaning we do not charge any upfront fees.

For further information, contact Bob Koneck.

There are three key factors we look at when we assess a case.
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Litigation Finance offers portfolio finance arrangements for claimants and lawyers on whom we have been able to carry out enhanced due diligence, for example through previously financed cases.
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Woodsford offers portfolio finance arrangements for claimants and lawyers on whom we have been able to carry out enhanced due diligence, for example through previously financed cases.
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A successful court judgment is often not the end of the litigation process: rather, it can be a staging post along the way to successful recovery.
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In many jurisdictions around the world, class actions, or other forms of group litigation, have established a means by which a large group of businesses, investors or other individuals can combine together in a single litigation.
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Following a successful litigation action, cash flow can become a major issue for law firms and claimants alike as they face further delays in the realisation of any award.
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Adverse costs orders are increasingly prevalent in international litigation, with many jurisdictions following the English model whereby the loser pays some or all of the winner’s legal costs.
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Woodsford employs a number of world-class lawyers and other professionals, highly qualified and experienced in a number of jurisdictions.
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An increasing number of firms are seeking law firm finance solutions to help drive business development and growth, and to allow them to move more quickly to support clients.
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Commercial Litigation Finance

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