Like any financial transaction, there are certain criteria that must be satisfied before LCM will agree to finance a case.
- The legal claim will be successful. LCM may require claimants to obtain an opinion on the prospects of success of the litigation from their counsel. LCM may also seek its own independent advice
- The defendant will be able to satisfy a judgment for the amount of the claim against them
- The key evidence that will be needed to establish the client’s claim can be obtained
- Defendants who are insured will be able to validly claim on their insurance policy in respect of an adverse judgment
- The claim size is at least $5m (although LCM is flexible when it comes to considering cases of a lower amount)
- The legal claim is likely to go to trial within 2 years of finance being committed
- The relevant legal principles involved in the case are clear and tested
- The claimant’s solicitors and barristers have the necessary expertise to run the claim
LCM’s team of investment managers are all lawyers specialising in commercial litigation with significant experience who can provide support, strategic input and assistance with the management and monitoring of the claim to a successful conclusion.