The problem with unequal access

We see it all the time, in so many sectors and industries: those with the best players win. And often, those with the most money buy the best players and win.

It’s not too different when it comes to legal proceedings. Sometimes a perceived imbalance in the law is less about due process and more about unequal access. Those who are seeking fair dispute resolution are unable to pursue their claims due to the high costs associated with the legal process.

Many factors contribute to the cost of commercial litigation: research and interrogatories, depositions, motions and conferences, subpoenas and witness preparation, trials, appeals, and attorney fees, as well as all the costs then associated with court fees, consultants, and investigations.

Access to justice requires plenty of capital; litigation is costly.

As such, even those with a compelling case may reach a point where they will have to postpone or even abandon following through with their case. The considerable divide between average and wealthy litigants creates barriers to judicial engagement and slants the eventual outcomes for those with inadequate funding.

At Greenpark, through litigation finance, we are able to help solve this challenge by giving plaintiffs an effective substitute for regular or exhausted lines of funding. With us, your invested capital can address the problem of unequal access to the judicial system, whilst potentially earning you decent returns.

Litigation finance may be used to pay for legal fees (including expert witnesses and court fees), but can also help the victims who are seeking justice for their case by paying for living expenses, or supporting businesses involved in complex lawsuits and are waiting for payouts from a successful conclusion to their case.

It’s important to remember that litigation finance differs from traditional loan structures – which is how it’s beneficial to those who need financial support to see their case to completion. Litigation finance solutions are structured as non-recourse investments, which means that those being funded owe nothing if their claim does not result in a recovery.

If the case reaches a positive outcome, they would simply owe a predetermined portion of any damages recovered.

However, this is not about trying to secure a specific outcome; it’s about ensuring equal access. For the most part, Greenpark and our partners boast an impressive track record meaning we can select opportunities where we foresee a 65% or higher chance of success. Additionally, in many cases, this is less risky than other asset classes.

This allows you to invest your money to improve access to litigation for those who need it most, with a high chance of positive returns.