Restitution Ltd, Scotland’s only independent litigation funder, recently secured a win for a case that would never have made it to court without funding.
The litigation funding market in the UK has grown rapidly in recent years, as solicitors and their clients increasingly accept funding arrangements as promoting access to justice.
A Scottish businesswoman found herself systematically excluded from her family business. She was not financially secure and did not have the means to pay for a legal team to raise a court action against the other shareholder.
Her solicitor, Yvonne Morgan of Morgan Legal, approached Restitution.
Restitution funded the case and the client successfully raised an action against her fellow shareholder, which she won. She received a considerable settlement for her share of the business.
Over the last 10 years, there has been a substantial reduction in cases raised in the Scottish court system. There are many reasons for this, and often because individuals, companies and other entities are unable to pursue actions due to the costs of litigation.
Frances Sim, general counsel at Restitution, said: “I could not be more delighted at being able to help this client and her solicitor raise and win her case. By being able to provide funding for this case we saw justice served.
“Without funding the other shareholder’s unjust and underhand behaviour would have gone unchallenged. The client is now free to move on with her life. For our part it is clear to us that commercial litigation funding in Scotland is a growing and necessary tool for individuals, companies and their legal representatives.”
Yvonne Morgan, partner, Morgan Legal, said: “Our client had a commercial case with very good prospects however her opponent was evidently relying on her being unable to get her action off the ground due to a lack of funds. We sought Restitution’s assistance and found them approachable and pragmatic. Their decision making process was straightforward. They appreciated that our client would be denied justice without a means of paying for her case.
“Our dealings were simplified by having Frances Sim as our sole point of contact throughout the process. She was unfailingly helpful and encouraging. Restitution’s litigation funding allowed our client to pursue Court of Session proceedings which resulted in a favourable settlement. We could not have achieved this result without Restitution’s help and I would not hesitate to recommend them to other practitioners.”
Mrs S, the businesswoman who was supported by Restitution, said: “I could not have got this - or indeed any result - without Restitution’s funding help and I am very pleased with the outcome.”