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Litigation Funding in Insolvency

Litigation funding (also referred to as litigation finance) is a crucial tool in the restructuring and insolvency context to assist insolvent, distressed or cash-poor claimants to maximise returns from litigation assets. It allows stakeholders to pursue valuable claims that otherwise may have to be abandoned or settled, thus increasing recoveries for creditors. The options for litigation funding are increasingly relevant to lawyers and insolvency practitioners IPs in complex international cases. For example, it is possible for IPs to enter portfolio agreements under which multiple claims can be funded across jurisdictions. Because the cases in the portfolio are “cross-collateralised” (i.e. the funder can take its full entitlement from any case that wins), this arrangement enables funding for both claims and defences, and for cases where the economics would not support funding on a stand-alone basis. In this article, we examine the state of the law regarding litigation funding in insolvency in key litigation hubs around the world.