H&J prides itself on taking a flexible approach to litigation finance. There is no single category of claim we specialise in and as a result, we purchase or fund many different types of cases with no set de minimis or maximum claim value. Set out below is a list of some of the areas of law in which we have financed claims – but this is non-exhaustive so please enquire if you have other type(s) of case you would like us to consider.
We frequently invest in claims arising out of the insolvency of companies or individuals taking assignments of or funding claims arising out of the powers available to the officeholders of companies in insolvency under the Insolvency Act 1986.
Examples of such claims include:
Directors owe various duties both at common law and under the Companies Act 2006 - including duties to act in the best interests of the company and discharge their duties with reasonable skill and care.
This is another category of claim that commonly arises in an insolvency context - where questions are raised about the conduct of directors in the lead up to insolvency. Breaches of these duties can cause substantial damage to the company which may give rise to claims.
Fraud comes in many shapes and sizes but inevitably leaves a trail of innocent victims. We are able to assist victims of fraud with a variety of different claims against the perpetrators of fraud. Claims may seek to recover misappropriated assets or claim damages arising from losses caused by the fraudsters’ actions.
When commercial relationships break down it is the contract between the parties that typically lies at the heart of claims.
We are often able to take assignment of contractual rights enabling us to step into the shoes of the ‘wronged’ counter-party and pursue claims under the contract.
Companies and individuals impacted by illegal anti-competitive behaviour - such as price fixing, bid rigging or market allocation will often have damages claims against those engaging in such conduct.
We have invested in a number of claims to assist victims in recovering damages.
Professionals engaged by companies or individuals owe obligations to deliver their services with reasonable skill and care - claims will follow where they fail to do so and damage is caused.
We have invested in a number of professional negligence claims against professional services providers such as auditors, solicitors and insurance brokers.
Insurance coverage disputes arise when there is a disagreement between an insured individual or entity and an insurance company regarding the extent of coverage provided by an insurance policy.
We have invested in a number of claims where claims were (in our view wrongly) declined by insurers to hold them to their contractual obligations.
H&J is able to assist with a diverse range of construction disputes, including delay/disruption claims, defects and negligence claims and valuation and payment claims.
The substantial costs involved with construction claims and potentially spurious but substantial counterclaims can dissuade office holders from pursuing meritorious construction claims. Using H&J’s specialist construction knowledge and experience, coupled with trusted external legal teams specialising in construction disputes, we are able to fund and pursue such claims - with proven success - for the benefit of creditors.
Pursuing or defending disputes at shareholder level can be time consuming, challenging and costly. Often in shareholder disputes there are restrictions on dividends and salaries, which in turn causes difficulties for the affected shareholder to fund legal support and advice.
H&J has the expertise to financially support litigants with legal fees to assist them with their ongoing shareholder dispute.
Trust structures can sometimes be used to try to shield valuable assets from creditors of insolvent companies or individuals. If those trust structures were put in place after the risk of insolvency arose then there may be ways to unwind the trust as it has been used for an improper purpose.
H&J has experience of purchasing assets that are subject to questionable trust claims then litigating to unwind the trust and release the assets.
H&J has purchased a number of properties that have been subject to existing disputes regarding the ownership of those properties.
H&J then brought claims to seek recognition from the Courts of its ownership interest before proceedings to take possession and sell those properties.
H&J frequently invests in judgments and arbitral awards where enforcement is being pursued. H&J has extensive experience of enforcing judgments and awards.
H&J is adept at using the various tools within the CPR to assist with this including charging orders, third party debt orders and CPR 71 orders requiring defaulting judgment debtors to appear before the Court and give sworn evidence about their ability to meet the judgment debt.
If you have a case you'd like us to review please send us details using this form. However, other than your contact details, the fields are not mandatory and merely indicative of the information that may help us to process your claim quicker. If you'd prefer, please feel free to drop us an email at:
