Do Litigation Funding Applications Need To Be Accompanied By Counsel’s Opinion?

Aug 24, 2021

Litigation funding is a rapidly growing sector. As with all fast-growing sectors there can be many misunderstandings and misconceptions. This is exactly the case for litigation funding and its providers; particularly concerning what they do, who they do it for and how they do it.

This is another blog post in our series of myth busting, which demystifies the sector to provide comfort to those with concerns about accessing litigation funding.

One common misconception is that claimants think all applications for litigation funding must be accompanied by a Counsel’s opinion before consideration. However, this isn’t always the case.

Here at Apex Litigation Finance our assessors will look to be provided with as much information as possible. This may include a summary of the case, expected case quantum, an estimate of the level of funding required, inter partes correspondence, for example. This information enables us to carry out thorough due diligence and assess the merits of the case as well as identifying the probability that the case with be successful.

Whilst we do not necessarily need the Counsel’s opinion, it is helpful. If the Counsel’s opinion is included with your litigation funding application, this will make the review process easier and faster. However, most funders will seek their own advice on the merits of the case before any offer of funding is made.

Our assessors recognise that the provision of a Counsel’s opinion is not always possible, particularly in the early stages of a case. However, if the claim is evidently meritorious, then Apex Litigation Funding may fund your case without the Counsel’s opinion. We would work with the information you have as a starting point; the more information that you can give us the better. However, we will do our own research and investigations, including using our in-house AI technology.

If you are a claimant with a case that may need litigation funding support, then please complete the funding application form online, or call our team direct.

London Office

20-22 Wenlock Road, London, N1 7GU


+44 (0) 208 012 7944

ATE & Funding Broker Partners