The Application Process

Litigation Lending Services

Making an application for funding with Litigation Lending Services is a straightforward process and we are happy to discuss any enquiries that you may have along the way.

If you wish to make an application for funding, please print and complete the attached application form. Click here to open

In considering any application for funding, our Managing Director and Litigation Manager will assess three major aspects of the litigation:

  1. Merits of the Claim
  2. Quantum of the Claim; and
  3. Recoverability

Accordingly, we ask that you provide us with the following documentation with your application for funding, where possible.

Merits

In order for us to make an independent assessment of the merits of your claim, we ask that you provide us with the following information:

  • a brief outline of the facts of the claim and chronology
  • any Reports to Creditors
  • any relevant documents, including correspondence with the defendant
  • a copy of any pleadings if the proceedings have already commenced
  • a copy of any witness statements or affidavits
  • any written advice provided by your legal representatives
  • details of any settlement discussions

Quantum

It is important to ensure that the legal costs of any litigation are in proportion to the amount of the claim itself and that it is therefore in the plaintiff's best interests to pursue the litigation. In order to assess this aspect of the claim, we require the following information:

  • a detailed estimate of the quantum of the claim and details of how the quantum was calculated
  • a detailed estimate from your legal representative of the legal fees likely to be incurred to the end of a contested hearing, including an estimate for any Counsel fees or expert fees.

Recoverability

In every piece of litigation it is important to ensure that the defendant has the financial capacity to satisfy a judgment in the event that the claim is successful. Accordingly, we require the following documents in order to assess this aspect of the litigation:

  • company search of the defendant (if the defendant is a company)
  • bankruptcy search of the defendant (if the defendant is an individual)
  • title records for any real properties registered in the name of the defendant
  • evidence of any other assets owned by the defendant

Assessment of your claim

Once you have completed the application form and obtained copies of the above documents, please send it to our office at the address listed in our contacts page.

Once we have received the above information from you, we will review your application for funding and will correspond with you directly (or your solicitor if you are already legally represented) if we require any further information to complete our assessment.

If we are satisfied that all of our funding criteria have been met, we will provide you with a draft funding agreement for your review. We will discuss the terms of the funding agreement with you or your legal representative to ensure that it is tailored to suit your specific requirements. Please see our Funding Process page to obtain information on the general terms and conditions included in our draft funding agreement.