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Commercial Litigation Financing

Date Published: 23rd September 2009
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Author: wbdoyle RSS Views: N/A PRINT ASK ABOUT THIS ARTICLE
A person who suffers a personal injury caused by another person can go in for litigation cases. Similarly, companies too are often involved in litigation. The reason can be attributed to the competitive market and ‘unfair competitions,’ too. Here the simple disputes in the conduct of business and commercial transaction sow the seeds for litigation.

The companies may reach a discord due to various factors. These can be a wrongful termination of an employer or employee, breach of contract, disputes of insurance, partnership, shareholders, bankruptcy and so on. Such disputes of commercial transactions can affect the business of that company. For instance, one of the two companies involved in partnership joins hands with a third party clandestinely. There is a breach of trust and related damages caused on the other company. This ‘cheated’ company can file for litigation against its partner company.


Finally, the disputing companies try to resolve their ongoing case through the court. This is known as Commercial Litigation. The companies, like the individual, take the help of an expert attorney to protect their interest. The attorney files the case for a contingent fee. The company involved in litigation, with the support of the attorney, seeks the Litigation Financing Company for its expenses. The company providing Litigation Financing evaluates the case. If the case appears worthy enough, the company offers an advance, often, termed as litigation loan. These are pre-settlement advances of non-recourse nature. That means the company gets its recovery charges if and only if its client company wins the case. But to ensure proper Commercial Litigation Financing one needs to resort to the attorney.



Tags: competitive market, non recourse, shareholders, personal injury, discord, commercial transactions, breach of contract, financing company, commercial transaction, pre settlement, partner company, wrongful termination
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Source: http://www.articlealley.com/article_1114718_22.html
About the Author
Retired US Navy. Married 20+ years. Home Inchon, Korea. Work Seoul, Korea.
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