Pillar Guide
Litigation Finance in India
Litigation finance (also called litigation funding or third-party funding) is an arrangement where a funder pays the costs of pursuing a legal claim in exchange for an agreed share of the recovery. In India it is used for civil and commercial matters, and funding is typically non-recourse, if the claim fails, the claimant owes nothing under the funding agreement.
Executive Summary
Strong claims are routinely abandoned in India not for lack of merit but because litigation is expensive, slow and operationally draining. Litigation finance converts a legal claim into a fundable asset: a funder underwrites the claim, pays the costs, and is repaid from the recovery.
Fund My Case operates as an integrated litigation finance and litigation management platform, the claim is evaluated, underwritten, funded and then actively managed through an empanelled advocate network until enforcement and recovery.
How litigation finance works at Fund My Case
- 1
Eligibility assessment
A structured, free assessment of the claim: type, value, forum, stage, documentation and counterparty.
- 2
Fee indication
A processing and evaluation fee indication based on complexity, value, jurisdiction and diligence needs.
- 3
Due diligence
Legal, financial and commercial diligence on merits, evidence, limitation and enforceability.
- 4
Funding decision
The investment committee decides whether, and on what terms, the claim is funded.
- 5
Advocate deployment
Eligible matters proceed through empanelled, independent advocates within a managed process.
- 6
Management & monitoring
Hearings, filings and strategy are tracked end-to-end rather than left unattended.
- 7
Enforcement & recovery
The matter is pursued through to actual recovery, the outcome that matters commercially.
Litigation finance vs paying from your own pocket
| Self-funded litigation | Litigation finance | |
|---|---|---|
| Upfront legal costs | Paid by you, throughout | Paid by the funder for funded matters. A separate processing and evaluation fee applies before funding. |
| Risk if the case fails | Costs are lost | Non-recourse, no repayment under the funding agreement |
| Working capital | Locked into the dispute | Preserved for the business |
| Case management | Your burden | Managed within an integrated litigation process |
| Cost discipline | Open-ended | Underwritten against expected recovery |
Signs your claim may qualify
- A documented, high-value civil or commercial claim
- Written contracts, invoices, correspondence or admissions supporting it
- A counterparty with the capacity to pay
- A claim within the limitation period
- A practical enforcement route to actual recovery
Frequently asked questions
Is litigation funding legal in India? ▾
Yes. Third-party litigation funding is permitted in India, particularly in civil and commercial disputes, and courts have recognised its role in improving access to justice.
What does non-recourse mean? ▾
Repayment is contingent on recovery. If the funded claim fails, the claimant does not repay the funding under the funding agreement.
Who controls the case? ▾
Legal services are provided by independent advocates. Funding does not transfer control of legal strategy to the funder.
What types of claims are funded? ▾
Commercial receivables, contract disputes, arbitration matters, property and inheritance claims, shareholder disputes and other high-value civil claims.
Is approval guaranteed after assessment? ▾
No. The assessment gives a preliminary indication only. Every matter is subject to detailed due diligence and a funding decision by the investment committee.
Related Guides
Assess your claim's recoverability
A free, structured, 5-step assessment of whether your claim may qualify for funding. Preliminary indication only, subject to due diligence.
Check Your Claim Eligibility