Practice Areas

Commercial Litigation

Commercial Litigation

IMF EMEA funds a large range of commercial litigation claims, including: claims for breach of contract, economic torts, breach of statutory duty, breach of directors' or fiduciary duties (such as trustees), auditor and other forms of professional negligence, shareholder disputes (such as claims for unfair prejudice), M&A, joint venture and project disputes, product liability, tax, and intellectual property.  

Key criteria: We aim to return the majority of recoveries to our clients, the funded parties. To date, we have returned approximately 63% of total recoveries. To help ensure this happens, we offer funding where the claim size is greater than US$5m and the budgeted costs to pursue the case are less than 10% of the claim size.

Each funding arrangement is tailored to the specific needs and circumstances of the case. Depending on your preferred level of risk, our funding can be used to cover some or all of the costs associated with pursuing the claim, including your legal fees, disbursements such as counsel, expert and court fees, and the risk of meeting adverse costs and security for costs orders.
  
Where the law firm wishes to share in the risk of proceedings, we will use contingency arrangements such as Conditional Fee Agreements and Damages Based Agreements, and will work collaboratively with you and the legal team to identify the most appropriate package of risk and reward.

In certain cases, we offer "seed funding" to assist with investigating the commercial viability and merits at an early stage of a claim, for example, obtaining counsel's opinion on a point of law or a preliminary expert report into recoverable damages.

In certain circumstances, we also offer funding for the cost of defending claims. For more details, please visit our Corporate and Law Firm Finance page.