Preparing your case
Laying the foundations
for funding
When a potential client brings a case to us, we carry out a free due diligence process to review whether we are the right funder for them.
Your business can help us complete this as quickly and thoroughly as possible by providing a range of documents. These might include; a statement of fact setting out the situation in clear terms, a legal assessment of your case’s merits, the expected budget, estimated damages, trial briefs including any filings if the case is ongoing and an enforcement strategy to collect those damages if you are successful.
Having a clearly defined strategy and well organised documents will speed up our review process. Whilst it is not essential for parties to have instructed legal counsel when applying for funding, it will certainly help to speed up this point of the process. If you do not yet have a legal representative in place, we can use our knowledge of the world’s major jurisdictions to recommend the best firms to approach.
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Claim assessment process
Moving towards
a funding proposal
Our due diligence process is designed to give a clear understanding of your case and provide you with an independent evaluation of its prospects.
Once a non-disclosure agreement (NDA) has been signed to protect the confidentiality of your organisation, we will begin our three-step assessment process:
First, we review the key issues of your claim and its suitability for Deminor’s funding model. We then move on to a detailed exploration of the risks and economics of investing in your case.
If we successfully complete both these stages your case will then go to our investment committee, which decides if we will provide funding and under what terms. We will then send you a funding proposal detailing the offer and terms we are able to provide.
Negotiating the agreement
Designing a package
that works for everyone
Once we have agreed to fund your case, we will work together to develop an agreement that is right for both parties. We will begin the process by making a non-binding offer of terms. As the name suggests, the financial terms provided at this stage are non-binding. The purpose of this offer will be to give parties an indication of the likely financial terms and start the negotiation process. This will detail the level of remuneration Deminor will receive if the claim is a success and will be tailored to the specific circumstances of your case or portfolio of cases.
The agreement will also define the main duties of the funded party and Deminor’s role throughout the litigation process, such as the stages at which our input will be required and our duties regarding the costs and fees we will cover. In addition, it will set out the mechanism and conditions to terminate the contract should either party wish to.
Working with Deminor
A bespoke service
for your business
As soon as the funding agreement is signed, we will start paying your legal expenses and work closely with you to achieve success. Our involvement during the litigation will depend on the level of support you choose, but we will always be available to provide support or respond to your funding needs.
Although our experience in the sector means we can provide valuable recommendations, your business will remain in control of strategic decisions, including which lawyer to select and when to accept a settlement. Ultimately your goals are the same as ours, so you can be certain we will always act in the best interests of your business.