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Total Dispute Finance

At Eversheds Sutherland we recognise that the costs of litigation (and disputes more generally) can be an unwelcome burden for many of our clients. Unlike commercial projects or transactional work, litigation is often uncertain in terms of duration, direction and outcome. This means that even the most carefully scoped estimates can sometimes be subject to change. The potential legal costs of protracted litigation can occasionally be a deterrent to bringing or defending legal proceedings even where there is a good chance of succeeding.

Litigation funding

The market for litigation funding has changed significantly in the last 12-24 months. An influx of cash-rich investors and purchasers of one-off pieces of litigation have helped to create a highly competitive market for litigation funding. New products are appearing weekly and the legal profession is finally starting to engage seriously with funding as a way to monetise claims or completely de-risk litigation.

We have spent 12 months meeting with clients, funders, brokers and insurers — sharing our views on how to shape the market and what we at Eversheds Sutherland want to develop for the benefit of our clients. In this guide, we examine some of the new funding models available in the market, as well as looking at alternative fee arrangements which enable us to work in true partnership with our clients.

Harbour Litigation Funding

We are collaborating with one of the largest global funders, Harbour Litigation Funding to offer clients direct access to litigation funding, but still leaving the client in control of the conduct of the litigation and removing the associated financial risk. Further, by putting lower value or riskier claims into a portfolio, we are able to secure funding for claims which previously, or as a standalone, may not have passed a funder’s due diligence process.

For more information on our Harbour collaboration, please download our Harbour/Eversheds Sutherland brochure or read the press release .

Our clients tell us that they want

  • greater certainty and predictability in respect of litigation costs
  • innovative solutions which go beyond discounted hourly rates
  • fees linked to service delivery rather than just hours on the clock
  • a sharing of risk and reward, so their lawyers have “skin in the game”
  • a better understanding of how they can mitigate against potential liability for an opponent's costs
  • solutions that ensure litigation costs don't become a blocker for other projects or capital expenditure

To find out more about new funding options download our interactive guide now.

Download the interactive guide

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Eversheds Sutherland is the name and brand under which the members of Eversheds Sutherland Limited (Eversheds Sutherland (International) LLP and Eversheds Sutherland (US) LLP) and their respective controlled, managed and affiliated firms and the members of Eversheds Sutherland (Europe) Limited (each an "Eversheds Sutherland Entity" and together the "Eversheds Sutherland Entities") provide legal or other services to clients around the world. Eversheds Sutherland Entities are constituted and regulated in accordance with relevant local regulatory and legal requirements and operate in accordance with their locally registered names. The use of the name Eversheds Sutherland, is for description purposes only and does not imply that the Eversheds Sutherland Entities are in a partnership or are part of a global LLP. The responsibility for the provision of services to the client is defined in the terms of engagement between the instructed firm and the client.