Litigation finance is reshaping how high-stakes disputes are fought—and who wins. In this episode, Matt Lee from Lindsay Francis Mengen, a specialist in arbitration and former head of Australia’s largest litigation funding operation, shares how litigation funders assess cases, manage risks, and decide whether a claim is worth backing. For anyone working in insolvency, restructuring, or high-value disputes, this is an inside look at what funders really want.
You’ll also learn how arbitration can offer a faster, more private alternative to court—if managed correctly. From freezing orders to enforcement risk, Matt dives into the practical realities that often determine whether a case succeeds or quietly fails. Packed with actionable insights for liquidators, lawyers, and anyone considering legal funding, this episode is essential listening for navigating complex legal recoveries.
Key Points:
- Litigation funders assess more than just legal merit—they evaluate people, psychology, and probability.
- Arbitration can be faster and private—but only if the arbitrator drives the process effectively.
- Freezing orders and early mediation aren’t just strategy—they can determine whether you recover anything at all.
Timestamps:
- [00:03] What litigation funding actually is and how it works
- [05:00] Beyond class actions: corporate use of legal finance
- [07:32] The role of funders during litigation—not just money
- [09:50] What funders analyze: success, damages, recoverability
- [11:53] Why good claims still don’t proceed in insolvency cases
- [14:30] When is the right time to mediate?
- [18:45] Assessing the people behind the claims
- [21:00] How freezing orders stop asset flight during litigation
- [23:01] What arbitration is and how it differs from court
- [28:00] How long arbitration takes and what can go wrong
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