Litigation Funding

Litigation is defined as “the process of making or defending a claim in court.” At Christopher Consulting we are proud of the fact that we provide claimants, without the financial means, the opportunity to gain access to the best possible legal and medico-legal representation by funding their claim and taking the total risk on ourselves.

Why use a funding company?

Litigation is costly and often holds considerable risk. A claimant will need to fund numerous expenses and disbursements during the litigation process and will bear the risk of not recovering any of it in the case that the claim is unsuccessful. Some of these expenses and disbursements include:

  • Legal representation – attorneys
  • Advocates – senior or junior advocates in certain cases
  • Medical experts – Up to 15 different fields of medical experts in certain cases
  • Travel expenses
  • Special investigation expenses
  • Other specialised experts

A case that goes on trial for two weeks or more, as most serious injury cases do, will cost in excess of R4,000,000.00.  If the case is lost the claimant would not recover any of this money, and in addition would be obliged to pay the opposing party’s party and party cost which could amount to an additional R750,000.00 or more.

We provide the following assistance:

  • Funding for all the necessary expenses and disbursements to prove a claim.
  • Evaluating claims to ensure that there is a good prospect of success.
  • Assisting claimants with the appointment of legal representation and funding of the attorney services.
  • Taking full responsibility of the risk.  If the claim is unsuccessful the claimant will not carry any risk of repayment, or payment of the opposing party’s party and party costs.

How does Christopher Consulting get paid?

  • Christopher Consulting will only be entitled to receive payment of their services once a claim is successfully finalised.
  • Christopher Consulting agrees on a certain percentage of the claim amount with the claimant.
  • The amount for costs and disbursements that was funded by Christopher Consulting will be recovered from the party and party costs payable by the opposing party.
  • One of our professional consultants will explain the claimant agreement with you in full.

Is Christopher Consulting a Law Firm?

No. Christopher Consulting is not a law firm and as such is not registered at any Law Society.  The action of litigation will be done by recommended attorneys.

Our contract further explains the differences between us and attorneys.

Is this type of funding of cases accepted in SA?

Yes.  Since the Potato Board v PWC [2004] ZASCA 64; 2004 (6) SA 66 (SCA) case it is accepted in law that litigation could legally be funded by this type of contract.  This was later confirmed by case law from the Supreme Court of appeals and the Constitutional Court. Litigation funding is an accepted way of giving access to the law to claimants that would otherwise not have been in the position to claim. Litigation funding is available as a norm in most overseas cases of this nature.