Both occur before, during and after litigation, depending on the context and the purpose of the tracing.

Before Litigation: Asset tracing can be conducted before litigation as a pre-litigation strategy. This involves identifying and locating assets that may be subject to a potential legal claim. Organizations or individuals may use asset tracing to assess the feasibility of pursuing litigation, gather evidence for a potential case, or evaluate the potential recovery of assets in case a judgment is obtained. Asset tracing before litigation can help in understanding the financial position of a potential defendant and determining whether pursuing legal action is financially viable.

During Litigation: Asset tracing can also take place during the course of litigation. This involves identifying and tracking assets that are relevant to an ongoing legal case. It might be used to ensure that the defendant does not try to hide or dissipate assets during the legal proceedings, to enforce judgments and recover awarded damages, or to establish the value of assets for the purpose of calculating damages.

After Litigation: Asset tracing after litigation may be conducted to locate and recover assets in cases where a judgment has already been obtained. If a court has awarded damages to the plaintiff, asset tracing can help in recovering the awarded amount by identifying and seizing relevant assets owned by the defendant. This is especially important when the defendant is not complying with the court's order to pay the damages.
In essence, asset tracing is a tool used to locate and identify assets, whether it's for assessing the potential of a case, securing assets during litigation, or enforcing judgments after litigation. The timing of asset tracing depends on the specific goals and needs of the situation.

Litigation finance, also known as litigation funding or third-party funding, is a financial arrangement in which a third party provides funding to cover some or all of the costs associated with a legal dispute or lawsuit. In exchange for this funding, the third party, often called a "litigation funder," receives a portion of the financial settlement or judgment if the case is successful.

Litigation finance can take various forms, but the general idea is to alleviate the financial burden on plaintiffs who may not have the necessary resources to pursue a lawsuit. This funding can cover expenses such as legal fees, court costs, expert witness fees, and other litigation-related costs. In return, the litigation funder typically takes a percentage of the monetary award if the case is resolved in favor of the plaintiff. If the case is unsuccessful, the litigation funder typically absorbs the financial losses, meaning the plaintiff does not have to repay the funding.

The practice of litigation finance has gained popularity in recent years, particularly in complex and high-stakes litigation cases. It's often used by individuals, small businesses, and even larger corporations to level the playing field and ensure that legal disputes are resolved on their merits rather than the financial resources of the parties involved.


It is important to note that the specifics of litigation finance can vary based on jurisdiction and the terms of the funding agreement. Laws and regulations regarding litigation finance may differ from one place to another, and potential litigants should carefully consider the terms of any funding agreement before entering into such an arrangement.

A traditional bank loan requires a borrower to repay the loan regardless of the resolution of a dispute. Banking institutions traditionally require collateral or personal guarantees because they lack the litigation expertise necessary to evaluate the merits of a claim; litigation funders, comparatively, view litigation rights as an asset that can be funded irrespective of collateral support. Thus, we can arrange transactions in a manner that makes them non-recourse investments.

For commercial claims demanding funds from a defendant with the financial means to pay, concurrent with an asset that can be quickly sold (such as stock or property).

In order to receive funding, the case must be “economically viable”. Implicitly stated, the costs-to-award ratio must generate enough profit to reasonably justify the investment. Usually, no more than one-tenth of the claim’s value is allocated to the case’s overall operating budget. This is done to ensure, after the reimbursement to the Litigation Funders and the success fee, that the claimant will still receive a respectable return from the damages.


Types of claims include, but are not limited to:


Arbitration (domestic, international and bilateral investment treaty)

• Commercial Litigation
• Competition
• Financial Services
• Infrastructure and Energy
• Intellectual Property

Currently, we only consider financial services and commercial law cases. We also do not focus on class actions.

Funding does not require claimants to contribute to their legal expenses, but in some circumstances, we do encourage it because it may allow the client to obtain a much larger percentage of the claim settlement.

We must first request that the merits of a dispute be evaluated by a legal representative before we consider prospective funding. Some costs will likely be incurred before the funding agreement is finished. These fees may be paid in a variety of ways, including privately by the client, by choosing to defer them, or by the law firm applying for early-stage funding to assist with the upfront costs of evaluating the claim.

Per the claimant’s compliance with the terms of the funding agreement, repayment of the advanced funds will not be required. However, the remainder of any funds still in the law firm’s client account must be returned to the Funder.

When a funded claim is settled or meets a positive outcome at trial, the settlement funds will be distributed according to the funding agreement's priority order. Typically, the claimant receives the remaining funds after the Funder has been reimbursed and paid their success fee, as well as any other liabilities the client may have.