Litigation finance—or more accurately, disputes finance to cover both litigation and arbitration—has never had a higher profile. But with this comes a need for those of us in the industry to continually educate, illustrate and raise awareness about how companies can adopt disputes finance as a bespoke way of funding and/or monetizing their disputes. They should be able to do so from a position of choice, not necessity, thereby making otherwise unthought-of assets work for the benefit of the business.
Single-case funding remains the default thought as to what litigation finance means, but the evolution of the industry means it is being discussed and used by companies to fund a number of disputes, including defense matters. This is corporate portfolio funding and is an example of how the industry is moving away from distressed or insolvent positions, and is now making disputes finance commercially attractive and a genuine corporate finance option for well-run and solvent businesses.
