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Litigation Funding

Everything you need to know about the financial instrument that protects your rights, and how ComproCausa has made it accessible to everyone.

Litigation finance. Finally for everyone

Imagine you've suffered a wrong — for example, an insurance company that refuses to pay, a bank that applied unlawful terms, a doctor who made a mistake, a public authority that acted unjustly, a Big Tech company that violated your digital rights. You have a right, but neither the money to defend it nor the patience to wait years for a ruling.

So you give up.

Third Party Litigation Funding is the practice in which a third party (the Litigation Funder) finances the costs of a lawsuit in exchange for a share of the proceeds — exclusively in the event of a favorable outcome. If the case is lost, the Litigation Funder recovers nothing.

“Litigation Funding is not a loan. It is not insurance. It is someone who believes in your right and invests in You.”

How it works

  • The Litigation Funder takes on the risk: rational risk/return assessment

  • You gain access to justice without paying upfront

  • If you lose, you pay nothing. The risk lies entirely with the Litigation Funder

From its origins to a $15 billion industry

Two thousand years of history behind an instrument that is now becoming accessible to everyone.

  • Roman Law01

    The earliest records of agreements in which a third party finances a lawsuit in exchange for a share of the proceeds. The Empire of Anastasius (506 AD) attempted to ban the practice.

  • Common Law02

    The doctrines of champerty and maintenance prohibited the financing of others' lawsuits for profit under medieval English law.

  • Australia, 1990s03

    The modern market is born: legislation authorizes insolvency administrators to engage third-party funders.

  • UK & USA, 2000s04

    Litigation funding spreads across the English-speaking world. Burford Capital and Harbour Litigation are founded.

  • 2008 Financial Crisis05

    Investors discover civil litigation as an asset class uncorrelated with the markets. Assets Under Management (AUM) explode.

  • Today: $15 bn06

    The global market exceeds $15 billion in assets under management. The European Parliament adopts a recommendation for a directive (2022).

Major international players

  • Burford Capital

    USA / UK

    International arbitration

    > $5M
  • Omni Bridgeway

    Australia

    Class actions, IP

    > $2M
  • Deminor

    Belgium / EU

    B2B litigation

    > €1M

Source: operators' official websites, public reports 2022–2023

The two main models

Third Party Litigation Funding is a family of contractual instruments.

  • 01

    Passive Funding

    Financial Support

    The Litigation Funder provides the capital to cover the costs of the proceedings. The Rightholder retains full ownership of the case. In the event of victory, the Litigation Funder receives the agreed percentage of value. In the event of defeat, recovers nothing.

    • The client retains ownership and control
    • The Litigation Funder does not manage the case
    • No upfront costs for the client
  • 02

    Assignment of Claims

    Sale of the litigious right

    The case is sold to the Litigation Funder, with the assignor receiving — immediately, in full or in part (with a final success fee) — the value of their case.

    • You receive liquidity immediately, regardless of the final outcome of the case
    • Coverage of legal expenses and transfer of risk to the investor
    • The assignor's cooperation is required only for essential personal activities (hearings, expert assessments, medical visits)

Italy: 2.8M* civil cases pending

*source: Italian Ministry of Justice, official statistical monitoring

  • 01
    2.8M

    Italian civil cases pending

  • 02
    5.4 years

    Average time to first-instance ruling

  • 03
    €7-15k

    Average case cost

  • 04
    23%

    Those who actually pursue legal action

  • 05
    21.5%

    Give up over excessive costs

  • 06
    9.3 years

    Time to Court of Cassation

“Nearly one million Italians have given up on a civil case. 21.5% because of excessive costs.”

— ISTAT: Citizens and Civil Justice Report, 2023

ComproCausa: Litigation Funding accessible to everyone

We connect those assigning a case with Litigation Funds and alternative-asset investors, coordinating both assessment and placement.

Traditional Funder

Classic model
  • Target audience

    Large corporations, multinationals

  • Minimum case value

    > €500,000 – €5,000,000

  • Assessment

    Manual due diligence: weeks

  • Access

    Only major international law firms

  • Transparency

    Private negotiation

  • Costs

    Often present

  • Focus

    UK, USA, Australia

ComproCausa

Our approach
  • Target audience

    Individuals, Small and Medium-sized Enterprises

  • Minimum case value

    €50,000

  • Assessment

    Proprietary AI + check by our team and validation by an appointed lawyer, within 72 business hours (indicative)

  • Access

    Online + Rights Offices on the ground

  • Transparency

    Total (free report + direct contact)

  • Costs

    Zero costs. No financial outlay.

  • Focus

    Banking, Insurance, Healthcare, Digital Rights

Is it all legal? The answer is yes.

In Italy, the situation is simpler than one might think.

  • 01

    Litigation funding and Italian law

    The assignment of credits and litigious rights is expressly provided for by the Italian Civil Code. ComproCausa operates in full compliance with national and European regulations, with contractual structures validated by specialized legal counsel.

  • 02

    A non-reserved activity

    Litigation funding activities are not reserved for financial intermediaries under Article 106 of the Italian Banking Law (TUB), nor do they constitute collective investment undertakings.

Legal disclaimer: For specific legal questions relating to your own case, we always recommend consulting a qualified lawyer. This content is provided for informational purposes only.

FAQ on Litigation Funding

The questions we hear most often about how case financing works.

  • What is litigation funding?
    A third-party fund (litigation fund, family office, asset manager) covers the legal costs of your case. If the case is won or settled, the fund receives a share of the outcome according to the terms of the funding agreement. If the case is lost, you owe nothing back to the fund: the financial risk lies with the fund.
  • Who can access litigation funding through ComproCausa?
    Individuals and SMEs with well-founded disputes typically valued at €50,000 or more. Litigation funding has historically been reserved for large corporates and multi-million cases; ComproCausa opens it to the retail market as well thanks to its AI-driven scoring and the Rights Offices network.
  • Who pays the legal costs of the case?
    The fund that decides to finance the case fully covers legal fees, expert reports and other procedural costs under the funding agreement. You advance nothing out of your own pocket and protect your liquidity from day one.
  • What happens if the case is lost?
    If the fund has financed the case, the financial risk is theirs: you do not have to reimburse the amounts advanced. "No win, no loss" for the applicant is the hallmark of professional litigation funding. The exact terms are defined in the contract with the fund, which we recommend having reviewed by an independent lawyer before signing.
  • How much does the ComproCausa service cost?
    The preliminary case assessment is free and without obligation. If the case is eligible and is funded by a network fund, ComproCausa is paid by the fund — not by the user. No cost before or after the report.
  • Is litigation funding legal in Italy?
    Yes. The assignment of credits and litigious rights is expressly provided for by the Italian Civil Code (art. 1260 et seq.). Litigation funding is not reserved for financial intermediaries under art. 106 of the Italian Banking Law (TUB) and does not constitute collective investment.
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