Not only are law suits emotionally draining, they are prohibitively expensive as well. The lawyer charges, court fees, filing of the case, the cost of piling evidences, and the entire long painful process can quite simply cost you lakhs or even crores of rupees. To most this is just not affordable. This is where litigation finance comes in a model created to fill the gap between financing that justice and making it affordable. Our strategy, which is condensed in the motto Your Fight, Our Funding, demonstrates the underlying philosophy of litigation finance: assisting those deserving litigants afford to fight their court battles. This post examines the burgeoning use of litigation finance in India, its mechanics, its beneficiaries and how this is revolutionizing access to justice.
The Philosophy Behind “Your Fight, Our Funding”
The tag-phrase Your Fight, Our Funding is not just a motto, rather an assurance.
It means:
- You bring the case; we bring the capital.
- You fight for your rights; we fund the battle.
- You focus on winning; we handle the cost.
We are sure that even the shortage of finances should not become an excuse not to do justice. You can be an individual who wants to obtain justice or a business negotiating over outstanding dues- litigation finance makes you fearless and courageous enough to go out there and ensure that the case is pursued regardless of how you will finance it later.
How Litigation Finance Works: Step-by-Step
1. Case Submission
The process begins when a litigant (individual or company) approaches the funder with a summary of their case. This includes the facts, legal basis, expected compensation, and documentation.
2. Case Assessment
The funder’s legal and financial experts evaluate the case based on:
- Strength of legal merit
- Probability of success
- Estimated timeline
- Enforcement prospects
- Potential damages or recovery amount
3. Funding Offer
If the case qualifies, the funder makes a proposal outlining:
- What costs will be covered (lawyer fees, court costs, expert reports, etc.)
- The funder’s share if the case is successful
- Terms of the agreement
4. Litigation Proceeds
After signing the agreement, the funder begins to deposit funds so it can assist in the litigation. The funder takes no part but keeps an eye on the progress of the win by watching the litigant and his lawyer.
5. Case Outcome
- The funder will get his/her agreed amount upon the award in case the case prevails.
- In the event of a loss of a case, the litigant will not owe any money–the risk associated will be that of the funder.
Advantages of Litigation Finance
Access to Justice
It levels the playing field. A financially weaker party can challenge a powerful opponent in court with confidence.
No Financial Risk
If the case fails, the litigant owes nothing. It’s a non-recourse model—no loans, no interest, no repayment.
Enhanced Legal Strategy
Litigation funding allows the use of better legal teams, expert witnesses, investigators, and tech tools.
Cash Flow Friendly
For businesses, it preserves working capital and avoids draining operational funds for litigation.
Settlement Leverage
Knowing the claimant is funded often leads the opponent to settle faster or more fairly.
Is Litigation Finance Legal in India?
Yes. In India, litigation finance is allowed by the law. The Bar Council of India does not allow the lawyers to finance a case on behalf of a client (as it will create conflict of interest). Nevertheless, third parties not members of the law profession can finance litigation (examples of third parties financing litigation are persons or financial institutions). India On 29 July 2019, the Supreme Court of India also accepted that third-party litigation funding is not a criminal act. The concept is gradually gaining acceptance in the courts in India particularly in commercial and arbitration cases.
A Real Example
In Delhi, a small business owner was owed 40 lakhs over a non-paying client. He did not afford to take legal action because of legal fees. The case was financed and presented before the commercial court after the application of litigation finance. In less than a year, he got an agreement of 32 lakh pakka. He would have left without the money to fund this project.
Ethical and Transparent Practices
A responsible litigation finance provider ensures:
- Open contracts with understandable words
- No interference in juridical decisions
- Equal sharing of the fair returns which normally ranges between 15 and 30 percent of the returned amount.
- High standards of both confidentiality and privacy of data
How to Apply for Litigation Finance
Basic Documents Required:
- Summary of the dispute
- Legal notices or pleadings
- Agreements or evidence
- Lawyer opinion (if available)
- Estimated claim value
Timeline:
- Evaluation: 7–15 working days
- Agreement: 2–3 days
- Disbursal: As per requirement schedule
Conclusion: Justice Should Be a Right, Not a Luxury
Litigation finance is a game-changer in a country such as India where millions are not able to take up legal actions just because of some financial reasons. It makes the underdog so strong, makes the real case go stronger and it makes sure that justice is not hog-tied by the need of money. Here is a message to you: In case you have a good case we will finance it. What you fight is what we fight. Your justice makes our mission. Therefore do not leave your legal destiny in the hands of money. With Your Fight, Our Funding we will support your first step towards fair legal win.
