Pursuing a commercial dispute can involve substantial costs and place pressure on a company’s liquidity over an extended period. Even when a claim is well-founded, many businesses choose not to proceed due to the financial risk involved. Through the collaboration between TM & Partners and Litigium Capital, we offer modern and flexible litigation funding solutions designed for companies that wish to protect their interests without carrying the full financial burden themselves.
Under this model, the client retains full control of the process while the financial risk is shared.
A Modern Approach to Commercial Disputes
Litigium Capital is an investment company focused on litigation funding, arbitration proceedings, and commercial disputes. By financing parts of the costs associated with a dispute, companies are better positioned to pursue qualified legal proceedings without tying up capital or impacting operational flexibility.
TM & Partners represents the client throughout the process while offering flexible fee arrangements, where part of the remuneration may be linked to the outcome of the case. This means that an element of success-based compensation (success fee) is only payable in the event of a successful settlement or favorable judgment.
This structure creates a clear alignment of interests between the firm and the client — our objective is to achieve the strongest possible commercial outcome.
The client’s contractual relationship remains solely with TM & Partners. The collaboration with Litigium Capital is managed separately through an independent funding arrangement between the parties.
Benefits of Flexible Litigation Funding
Reduced Financial Exposure
Through flexible fee structures and funding solutions, clients avoid carrying the full financial burden throughout the legal process.
Stronger Negotiating Position
When financial conditions between the parties become more balanced, opportunities for commercially favorable settlements and stronger negotiation outcomes often improve.
Tailored Fee Models
We offer several alternative arrangements depending on the nature of the dispute and the client’s objectives, including:
- Reduced hourly rates
- Shared risk arrangements
- Success fee models
- Hybrid structures combining fixed and performance-based fees
Access to Funding for Complex Disputes
Our collaboration with Litigium Capital enables funding opportunities even for larger and more complex disputes where traditional structures may otherwise be limiting.
How the Process Works
- Initial Assessment
TM & Partners evaluates the dispute together with the client and Litigium Capital to assess the legal and commercial merits of the case.
- Investment and Risk Analysis
The assessment typically includes:
- Likelihood of success
- Counterparty solvency and ability to satisfy a judgment
- Size of the claim
- Complexity and expected duration of the proceedings
- Engagement and Funding Structure
If approved, an engagement agreement is entered into between TM & Partners and the client, clearly setting out the fee structure, terms of engagement, and any applicable success-based compensation.
- The Client Retains Control
All strategic decisions remain with the client in close consultation with our legal team. The funding arrangement does not affect the client’s authority over the proceedings.
Integrity, Confidentiality and Professional Standards
TM & Partners and Litigium Capital operate under strict confidentiality and integrity requirements. No client information is shared without explicit consent, and the collaboration is conducted in accordance with applicable rules relating to confidentiality, conflicts of interest, and professional conduct.
Commercial Dispute Resolution Expertise
TM & Partners advises companies in complex commercial disputes, arbitration proceedings, and strategic dispute resolution matters. By combining specialist legal expertise with innovative funding solutions, we help businesses pursue legal claims in a commercially sound and risk-balanced manner.
Contact TM & Partners to gain access to leading expertise in litigation funding, commercial dispute resolution, and flexible fee structures for business disputes:
Daniel Åstrand
Partner
076-00 283 42
daniel.astrand@tmpartners.se
