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Litigation

Litigation funding is a growing asset class capable of producing exceptional returns

Marbanc International considers litigation funding a sound niche to deploy capital to. It involves evaluating the commercial prospects of success in litigation involving the potential for damages or other commercially realisable benefits.

The past two decades has seen a proliferation of litigation funders enter the market, with many achieving steady double-digit portfolio returns. Due to the resilient nature of the legal industry, litigation funding is a potentially evergreen asset class with plenty of opportunity to achieve compelling returns for helping fund litigants.

Why litigation

Marbanc International favours litigation funding as part of its diversification strategy. Key characteristics that make litigation an asset class of choice include:

What we look for

When evaluating litigation opportunities Marbanc International tends to place an emphasis on:

  • Formal legal advice from experienced legal practitioners

  • Risks and merits of the case

  • Significance of the potential injustice

  • Number and composition of the affected parties

  • Potential for settlement prior to judgment

  • Methods for facilitating a settlement prior to judgment

  • Strength of opposing counsel

  • Potential for social benefit from higher profile matters

  • Capital outlay versus potential upside

Expertise

Marbanc International has an extensive global network of legal practitioners we relies upon to evaluate the risks and merits of funding litigation. Once formal advice is received, our in-house team evaluates the investment opportunity to ensure it has commercial merit relative to the group's overall portfolio and objectives.

Transaction size

Generally speaking, Marbanc International will consider litigation funding opportunities in the range of $250k to $10 million.

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