How We Evaluate a Claim
-
Initial Assessment
The process begins with a high-level case summary submitted through our Request Funding page. Our in-house legal team reviews that summary against our core funding criteria: legal merit, identifiable quantum, and a credible recovery path against a solvent defendant.
If the claim passes initial review, both parties execute a formal NDA. This protects the claimant's legal privilege and allows a more detailed factual and legal picture to be shared before the process advances.
Claimants who reach out are encouraged to include, at a minimum, the nature of the claim, the jurisdiction, an estimate of the damages sought, the current stage of proceedings, and the identity of legal counsel already instructed (if applicable).
-
Term Sheet Issuance
Rook Radcliffe Partners issues a conditional Term Sheet. This document sets out the proposed pricing structure, which is typically expressed as a percentage share of total recoveries, a multiple of capital invested, or a combination of both, depending on the matter's profile and duration.
The Term Sheet is not a binding commitment. It is a working document that allows both parties to agree on the commercial framework before the resource-intensive stage of formal due diligence begins.
-
Formal Due Diligence
This is the most substantive stage of the process. Rook Radcliffe Partners' legal team conducts a full review of the case file, working alongside external counsel where specialist expertise is required. The assessment covers four areas.
Legal Merits: Evaluating liability strength alongside the quality of evidence to project how proceedings will unfold through to a final trial or award.
Quantum: Reviewing the damage calculations to ensure the analysis is robust and insulated against challenges during the damages phase.
Defendant Profile: The financial standing of the opposing party and their capacity to satisfy a judgment or award.
Enforcement and Recovery: Whether a successful outcome can be converted into an actual recovery, including cross-border enforcement considerations where relevant.
Claimants are expected to engage actively during this stage. Our team works directly with instructed counsel to ensure the diligence process is thorough and that no material issues are identified for the first time at the investment committee stage.
-
Investment Committee Approval
The fully documented case is presented to Rook Radcliffe Partners' investment committee for a final funding decision. The committee reviews the legal merits, the commercial terms, the due diligence findings, and the portfolio-level implications of the proposed commitment.
Upon approval, a formal Litigation Funding Agreement is executed and capital deployment begins. The LFA sets out the funding commitment, the agreed return structure, the reporting obligations of each party, and the conditions under which the agreement may be varied or terminated.
From that point, Rook Radcliffe Partners is a committed capital partner for the duration of the proceedings.
Frequently Asked Questions
Does Rook Radcliffe Partners take control of the claim once funding is agreed?
No. Litigation strategy, settlement decisions, and instructions to counsel remain entirely with the claimant and their legal team. Rook Radcliffe Partners is a capital provider. Our return depends on the outcome of the claim, which means it is in our interest for the claimant and their lawyers to conduct proceedings as effectively as possible.
Is the funding arrangement confidential?
Yes. The existence of a funding arrangement and the terms of the Litigation Funding Agreement are treated as confidential.
What is the minimum claim size Rook Radcliffe Partners will consider?
As a general guide, Rook Radcliffe Partners considers claims where the anticipated recovery is at least €2 million. Claims below that threshold are unlikely to generate a return that justifies the cost and duration of proceedings relative to the capital deployed.
How does Rook Radcliffe Partners make money if the case loses?
It does not. All funding is provided on a strict non-recourse basis. If a funded claim fails, Rook Radcliffe Partners bears the loss of the capital deployed. The claimant owes nothing.
Can Rook Radcliffe Partners fund a claim that is already underway?
Yes. We regularly fund claims at an intermediate stage of proceedings. The assessment process is the same regardless of where the matter currently sits procedurally.
Does the claimant need to have legal counsel already instructed?
Not necessarily at the point of first submission. However, independent legal representation will be required before any Litigation Funding Agreement is executed. Rook Radcliffe Partners does not fund unrepresented claimants.