OUR OFFERING
We offer a complete toolbox for your litigation funding needs:
- Provision of capital to clients in disputes
- Acquisition of claims
- Co-funding of cases with other funders
- Advisory and arrangement of litigation funding outside the Nordics
HOW DO WE CREATE VALUE?
We create value by balancing risks for our customers. With an investment from Litigium Capital, the customer does not have bear the costs of pursuing a dispute but will nonetheless retain the majority of the potential proceeds in the dispute. If the dispute is unsuccesful, we bear the cost and risk. We also believe that we can achieve a better outcome in an out of court settlement by creating a more even bargaining position between parties.
Some of the advantages of working with us:
- We assess your target of pursuing the dispute and elaborate on a strategy together with you and your counsel on how to reach your target
- Using our high-caliber network we can help you to retain the best possible counsel and experts for your dispute
- We remain by your side all the way and can on your request provide project management services, which decreases the time and effort required by yourself in the dispute
- Since we fund the running costs of the dispute you do not need to allocate your working capital for said costs
- Our investment, experience and knowledge increases the probability for a succesful outcome
FOCUS AREAS
We finance most kinds of commercial disputes. Below are the dispute types we consider our focus areas:
Contract disputes and tort claims
Breach of contract and suits for damages
M&A dispute: You have sold your company. According to the Share Sale and Purchase Agreement you are entitled to additional consideration, size of which is dependent upon the performance of the company post closing. On the payment due date, you and the buyer disagree on a number of cost items affecting EBITDA (and thus the size of the additional consideration) negatively. To be entitled to the additional consideration, you need to initiate arbitration proceedings against the buyer. You do not want to bear the costs of the costs associated by such proceedings and contacts Litigium Capital for financing of the costs in the dispute.
Company law, financial and stock market disputes
Disputes between shareholders, joint venture partners and other company law related disputes
You are a minority shareholder of a company. At the general meeting, the shareholders decided to divest one of the company's business areas. Post sale, it turns out that the board members of the company control the purchasing entity and that the board has failed to disclose critical information about the real value of the divested business area. Hence, the market price was actually much higher than the agreed purchase price. You and the other minority shareholders requests Litigium Capital to finance the costs of a damages claim against the board of directors for the loss you you have suffered as a consequence of the sale.
Lease, property and construction
Disputes related to tenant contracts, real estate and construction contracts
You have been running a restaurant business for many years. The area in which the restaurant is located was previously not regarded as very attractive as it was surrounded by industrial buildings. Nowadays however, the area is trendy and the real estate prices have rocketed. Your landlord wants to tear down the building and build a housing complex. Consequently, the landlord terminates your lease contract and offers 12 months worth of rental payments as compensation. There is no comparable leasing premises available, forcing you to liquidate your business. The financial loss you suffer are not in any way compensated by the 12 months' rental payments offered. Since your company has a so called indirect security of tenure, you are entitled to damages from your landlord. You turn to Litigium Capital for funding the damages claim.
Insolvency and bankruptcy
Funding of bankruptcy estates and other insolvent companies
You are the administrator of a bankruptcy estate and the estate is likely to generate a surplus. The estate has a claim on a customer which is disputed. You do not want to jeopardize the potential surplus and decide to divest the claim to Litigium Capital. The consideration for the divesment can be in cash, by way of success fee, or a combination of the two.
Patent and IP disputes
Disputes related to patents, copyright and trade secrets
Your startup company has recently invested significant resources in a patent for a smartphone app. A competitor of yours just launched an app with the same features. Your patent attorney provides an analysis concluding that the competitor's patent is infringing your patent. You do not have the capacity to enforce a damages claim against the competitor but instead call upon Litigium Capital to fund the dispute.
Transport and insurance
Disputes relayed to maritime and transport law and insurance
You are the owner and manager of a sports arena and the roof collapses during heavy snowfall. Your insurance company fail to cover the damages as they claim that the amount of snow was the cause of the damages, which you should have removed from the roof. You are however in possession of a technical assessment evidencing that the cause of loss was due to an error in the construction of the building, which is covered by insurance. You turn to Litigium Capital and receive funding for the dispute against the insurance company.