05 Guide · Funding

Litigation funding for investment claims: the questions to ask.

Investment claims that cannot go to the Ombudsman have to be funded. Funding an uncertain claim is a commercial arrangement with real terms, and the terms matter as much as the merits.

Short answer

Funding a court claim usually means a solicitor working under a conditional fee agreement, an after-the-event insurance policy against the risk of paying the other side’s costs, and sometimes a third-party funder taking a share of any recovery. Ask for the terms in writing and ask what happens if you lose.

Indicators only. Not legal or financial advice. Not a prediction of outcome.

Why funding is even a question

The Ombudsman and FSCS are free, but they cannot reach every case. Where the loss exceeds what the Ombudsman can award, where the defendant is outside its jurisdiction, or where the claim has to be brought against a party it cannot deal with, a court claim is the route — and court claims cost money that may not be recovered if you lose.

The three moving parts

A funded claim usually combines a fee arrangement with the solicitor, insurance against the risk of an adverse costs order, and sometimes capital from a third-party funder. Each has its own terms, and each can change how much of any recovery reaches you.

  • A conditional fee agreement — commonly “no win, no fee”, where a success fee is charged if the claim succeeds
  • After-the-event insurance — cover against the risk of paying the other side’s costs if the claim fails
  • Third-party funding — an external funder pays the costs in exchange for an agreed share of any recovery
  • Disbursements — court fees, expert fees and counsel’s fees, which are separate from the solicitor’s own charges

The questions to ask in writing

A funding conversation is a negotiation. Get the answers in writing, and keep them with the rest of the file.

  • What exactly is deducted from a successful recovery, and in what order?
  • What do I pay if the claim fails, including disbursements and any insurance premium?
  • Who pays the other side’s costs if I lose, and does the insurance cover all of it?
  • Who controls settlement decisions, and can I refuse a settlement?
  • What happens if the funder withdraws, or if the claim is discontinued?
  • Are there any fees payable during the claim, or is everything deferred?
  • What is the estimated timetable, and what are the key milestone dates?

Where funding and limitation interact

Limitation is not paused by funding conversations. For a negligence claim the period is six years from the cause of action or three years from the date of knowledge, whichever is later, with an overriding fifteen-year longstop from the act or omission. If limitation is close, get advice on protecting the position before negotiating terms — a claim that is out of time cannot be funded back into existence.

What we do not do

This site does not run claims, does not fund them, and does not take a share of anything. We do not recommend a particular funder or solicitor, and nothing here is an invitation to litigate. If you are considering a funded claim, take independent advice from a solicitor who will be acting for you.

FAQ Questions

The questions this guide answers.

What does “no win, no fee” actually mean?

Usually a conditional fee agreement: if the claim fails you pay nothing to your solicitor, and if it succeeds a success fee is deducted from what you recover. The percentage is set by the agreement, not by law alone, so read it. Disbursements and insurance premiums may be payable in different circumstances — ask specifically.

What is a damages-based agreement?

A different form of fee arrangement where the solicitor is paid a percentage of what you recover. The rules and caps for these are technical and differ from conditional fee agreements. Ask your solicitor which type you are being offered and what it means for you if the claim settles early.

Do I need funding at all?

Often not, because the Ombudsman and FSCS are free. Funding becomes relevant only where those routes cannot deal with your case or cannot award enough. Establish that first.

Can I run a claim without a solicitor?

In principle a person can bring a claim themselves, but investment claims involve complex causation and expert evidence, and the costs risk is real. Take advice before deciding.

Will a funder take most of my recovery?

The share is agreed in advance and varies. That is precisely why you should ask for the deduction, the order of deductions and the failure scenario in writing before signing anything.

Sources

Every rule, limit and deadline on this page comes from the official sources below. Each was read on the date shown. Where we could not verify a rule against the official text, we have left a visible instruction to confirm it rather than describing it from memory.

MIS-SOLD INVESTMENT / CLAIM CHECKER

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