Commercial Disputes FAQs

Ranked In Chambers
Ranked in Chambers & Partners Litigation Support Guide 2021 for Litigation Funding

FAQ

HOW DOES THE COMMERCIAL DISPUTES PROCESS WORK?
We decide on each investment on a case by case basis and our general process can be found here.
HOW LONG DOES ASERTIS TAKE TO PROVIDE AN ANSWER FOR POSSIBLE FUNDING?
We pride ourselves on being one of the most agile and responsive funders. If all relevant information is provided to us on day one, we can and have provided funding for commercial disputes within three weeks.
WHAT ARE THE MINIMUM AND MAXIMUM AMOUNTS OF FUNDING THAT ASERTIS WILL CONSIDER FOR COMMERCIAL DISPUTE MATTERS?
Asertis will generally consider investments requiring above £500,000 in funding but if your dispute requires less than this, please do get in touch to discuss whether we may be able to help. We have no maximum amount funding of commercial disputes.
IS A COUNSEL’S OPINION ESSENTIAL FOR A COMMERICAL DISPUTE TO BE CONSIDERED?
In most contexts, yes. However, exceptions maybe considered where for example the representing law firm has the relevant expertise in-house or a specific other form of opinion may be just as relevant to a decision regarding funding. Please do get in touch if there is anything specific to your claim you would like to discuss.
WHAT DOES ASERTIS REQUIRE TO REVIEW A COMMERCIAL DISPUTE QUICKLY AND DOES ASERTIS HAVE MANDATORY INFORMATION REQUESTS?
No, Asertis does not have mandatory information requests. We would like to receive the following documents to properly review a commercial dispute: Budget information; Counsel’s opinion; relevant substantive correspondence between the parties and/or their law firms; any pleadings or procedurally relevant documents, any expert reports (even if in draft form), any contemporaneous evidence including witness statements and documentary evidence; and any further documents that may be directly relevant to your claim e.g., documents in support of applications.
DOES ASERTIS HAVE A DEMONSTRABLE TRACK RECORD IN FUNDING COMMERCIAL DISPUTES?
Yes. Asertis has committed funding tens of millions of pounds to a number of commercial disputes since its inception of 2020.
HOW DOES ASERTIS DEAL WITH ADVERSE COSTS?
Asertis requires that After The Event (ATE) insurance is taken out for each commercial dispute where there is an adverse cost risk. In certain circumstances, Asertis may provide an indemnity to the claimant in response of adverse costs.

We invest in commercial disputes, group actions and other forms of disputes across a number of jurisdictions. We will work with you to make sure that the funding package is suitable for your particular needs.

Our specialist insolvency funding operates through a process that is straightforward and flexible, helping you to realise value. We complete every step in the process efficiently and quickly to progress without delay towards achieving a successful outcome.

Asertis decorative imagery

HOW CAN WE HELP?

If you have a commercial dispute you would like to discuss, please get in touch.