Commercial Litigation Funding

Key contacts

Morton Fraser Partner Nicola Ross
Nicola Ross
Nicola is a partner in our Litigation and Dispute Resolution team.  She is a highly experienced commercial litigator with a significant trac...
0141 274 1142
Morton Fraser Partner & Solicitor Advocate Richard McMeeken
Richard McMeeken
Partner & Solicitor Advocate
Richard is a partner in the Litigation and Dispute Resolution team.
0131 247 1035

When it comes to deciding whether to pursue legal action, in addition to knowing how strong the case is, the likely cost of that legal action is a crucial factor. Clients should expect clarity on how much it's going to cost so they can make an informed decision on the investment they're considering making in their dispute.

At Morton Fraser, we have a range of funding options available for our clients. This means that our clients get the option which best suits them and their particular circumstances.

What options are available?

Pay as you go

The classic feeing model, where clients pay fees and outlays as a case progresses. Typically, fee budgets are set and agreed at each stage of the case so that clients have full visibility of anticipated and ongoing costs, allowing them to plan accordingly.

Success fee agreements

This is where we don't charge clients any fees during a case. Instead, if our client is successful then they pay us an agreed percentage of any financial recovery that is made. That percentage is agreed at the beginning of the case which means that our client is clear about fees from the very start of their case. Clients can also take out insurance to cover the risk of an adverse costs award and to cover any money that we need to pay out on their behalf such as for counsels' fees or court dues. Under this option, we are sharing the risk of litigation with our clients. If we don't win the case or succeed in getting a financial settlement for our clients, we don't get paid. It’s that simple. 

For more information on how you can access Success Fee Arrangements with us click here

Third party funding

A litigation funding provider would pay for our client's legal fees and disbursements in return for a share of any money recovered. We have relationships with multiple funders and aren't tied to particular providers.

After the event (ATE) insurance

ATE insurance traditionally covers against adverse costs orders, meaning that our clients would not need to pay the other side's legal costs if they lost the case. It can also cover disbursements and, more recently, parts of solicitors' fees. ATE insurance may also sit alongside other funding options, such as a success fee agreement.

A premium is paid for the insurance cover, and can be arranged so that the premium is only payable in the event of a successful financial outcome and is deferred at the end of the case, so nothing is paid up front.

To sum it up, we don't follow a 'one size fits all' approach when it comes to the funding of commercial litigation. We'll work with our clients to find the option that best suits them.

Morton Fraser Commercial Litigation scenarios
Success Fee Arrangement
The cost of pursuing legal action to reclaim money that is owed can often be off-putting for SMEs, even if they have a strong case. This can lead to bad debt and perfectly good claims being written off, even though they might be recoverable. It doesn’t need to be that way. Find out how we can help you recover debt using Success fee arrangement.
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