Cases will be sourced directly via litigation brokers, insolvency practitioners, and law firms. Audley targets a win or settlement probability of at least 60% for cases funded. Audley Capital seeks to ensure that cases available for funding on the platform satisfy a strict criteria:
Sourcing and Assessing Cases
Cases will be sourced directly via litigation,brokers,insolvency practitioners, and law firms. Audley Capital targets a win or settlement probability of at least 65% for cases funded. Audley Capital seeks to ensure that cases available for funding on the platform satisfy the following criteria:
Viable Economics & Timing
The estimated damages usually must be at least 5x the estimated costs of pursuing the case to trial, with an expected time to resolution of typically less than three years and acceptable visibility on costs.
ATE Insurance in Place
Audley will only fund cases that already have ATE insurance lined up. This protects Audley investors from adverse cost risk and also filters out cases that ATE providers do not believe to be sufficiently attractive to insure, thereby tending to improve the quality of the pool of cases being assessed.
Enforceability
There must be clear evidence that the defendant has the financial resources to pay the targeted damages and that any court judgment can be enforced.
Audley will assess every case introduced to ensure it is suitable for investment.
We will require a complete legal analysis, details of the claim quantum and funding budget, and an appropriate Project Plan, including a full breakdown of likely timelines and key milestones.
Once these have been reviewed and assessed, Audley will make each case available for investment.
Some cases may have already been pre-funded before reaching Audley, in which case the purpose of investment will be to refinance this pre-funding.
After deducting Audley’s upfront fee, the net funds raised are used to finance the litigation or refinance (for cases already pre-funded, via a bridge loan or otherwise).
If the claimant wins the case (or resolves the issue favourably), the investor receives a contractual return, which is typically either a share of the damages received or a fixed return per annum and, after deducting Audley Capital share of the return, the remainder is available for investment holders.
If the claimant loses the case, the investors will likely lose most of their invested principal. However, insurance can be placed to reduce risk and, in some cases, provide for at least the return of capital and a small uplift. Industry data suggests that the investments will likely mature within 24-36 months but may take longer.
If you are seeking funding for a case please complete our questionnaire. We will contact you to discuss your requirements and how we can work together to ensure success.