LionFish Litigation Finance Ltd

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers adverse costs risks for funders and security for costs.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers a change of legal teams, more particularly the relevant triggers and the practical process that should be followed.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers co-funding, more particularly alignment of interest and approach on issues such as funder returns, funding documentation and communications between the litigant/solicitor and co-funders, and the working relationship between co-funders.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers the funder’s involvement in a case and control, more particularly the different approaches to control, the input of solicitors and counsel, and decisions at key stages of the litigation.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers dispute resolution, more particularly the commitment to act in good faith to resolve disputes, the appointment of an expert or mediator and fall back on an arbitration.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers drawdown processes, more particularly the overriding objective, drawdown submissions and timings, submission verifications, the advancement of a significant portion (and at times the entirety) of the committed funding amount or the advancement of monies against verified invoices and good practices for finance teams.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers investment top-ups, more particularly how terms may change, effecting the change, keeping the ATE insurer abreast of any funding top-up, topping–up with other funders and timing of the top-up.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers pricing, more particularly pricing structures, pricing levels, scenario planning and top-ups and multiples pricing on deployed v committed capital.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers priorities agreements which clearly set out the priority in which the proceeds of funded litigation are to be applied upon a successful outcome, more particularly whether this agreement is included in the litigation funding agreement or a separate deed and waterfall positioning.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements (LFA) and their associated documents a better understanding of the factors at play. It considers representations and warranties (R&W) clauses, more particularly the skeleton of R&W clauses, R&W relating to the solicitor, the case, information sharing and the LFA.

This Practice Note is one of a series of short Practice Notes, by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Litigation Finance Ltd, aiming to provide for those involved in negotiating and considering litigation funding agreements and their associated documents a better understanding of the factors at play. It considers termination clauses, more particularly termination triggers and the consequences of termination.