Enable — third party litigation funding service

“A bespoke funding facility offered for commercial claims requiring litigation funding and adverse costs cover”

Enable — our litigation funding product

Enable is a non-recourse litigation funding product we have developed as a solution to a common problem our clients face, specifically aimed at those commercial litigation cases requiring legal costs below £2m.

It provides the funding required to fight the case but also provides certainty and peace of mind to protect the client against adverse cost orders, by way of an insurance policy. In the case of companies, obtaining the funding from a third party also removes the costs of the litigation process from the balance sheet.

Who is Enable for?

If you have a dispute, and you want to pursue a claim, Enable can provide the funding required to advance the case. If you are an individual, SME, OMB, Plc, partnership or sole trader, Enable may be suitable for your requirements, providing you have a claim that meets the criteria.

How does Enable work?

The funder will fund all or some of the claimant’s fees, up to £2m in exchange for an agreed fee payable from the damages recovered. The funding is non-recourse therefore, if the claim is unsuccessful, the claimant is not liable to repay the funder’s investment.

ATE insurance policy

The insurer will provide an After the Event (ATE) insurance policy to cover the risk of losing the case by indemnifying the insured’s potential liability for the opponent’s legal costs. If the claim is unsuccessful, no premium is payable to the insurer.

If the case meets the criteria, Weightmans will agree to take on a share of the risk, acting on a partial conditional fee basis.

Why choose Enable?

Allows cases to be unlocked requiring lower levels of funding
ATE insurance and funding are provided on a non-recourse basis
The risk is shared — everyone invests in the case
Pre-agreed ATE Insurance Policy Wording and Litigation Funding Agreement
Streamline process for funding and ATE insurance, completed within 18-21 days
Fixed pricing
Increases certainty of securing ATE insurance and funding, avoiding the need of having to apply to the broader market
Security for costs addressed via an Anti-Avoidance Endorsement offered at a discounted rate, as and when required
Arranged and reviewed by a specialist broker to confirm pricing offered is most competitive

If you would like to discuss any aspect of this document, please do not hesitate to contact us.