Litigation Costs funding Plan: Passport

Sometimes claims are brought by big companies with deep pockets, and the cost of defending them means that they can’t be fought properly.  That is also unfair.

At Lupton Fawcett, we understand that businesses and individuals sometimes need flexibility when it comes to financing litigation.  That’s why we have launched PASSPORT™, an easy to use portfolio of legal funding options for financing disputes.  PASSPORT™ is our way to help our clients get access to justice without them having to tie up all of their financial resources, and without them having to bear all of the risk.

Could PASSPORT™ help you?

Take a look at our PASSPORT™ Flow Chart

If you have any questions about PASSPORT™, take a look at our Frequently Asked Questions on this page.

Our expertise

We are committed to helping our clients to resolve disputes quickly and cost-efficiently. We provide advice that is pragmatic and commercial. Our team of dedicated and experienced litigation solicitors can help you to explore all avenues of dispute resolution (including mediation, where appropriate), in jargon-free language.  Our priority is to help you resolve disputes with as little disruption to you or your business as possible.

Led by Simon Lockley, our PASSPORT™ lawyers are recognised for their specialist legal knowledge, their commercial awareness and their ability to find solutions to clients’ business needs. If you have any queries about PASSPORT™ and how it might work for you, please do not hesitate to send an email to passport@luptonfawcett.law to arrange a confidential discussion.  Alternatively, please complete and return the PASSPORT™ questionnaire and we will be in touch shortly.

Further Reading

  • Click here to access our PASSPORT™ brochure.

"Simon Lockley is the top dog in this field. Technically superb and realistic in advising on prospects."

Legal 500 2021

"Have worked with senior associate Claire Moss on a number of occasions who quickly understands the issues and gets to the crux of the matter in question."

Legal 500 2021

"They go to great lengths to explain the legal framework surrounding the issue in question, including the pitfalls, and then work with you to agree a strategy to achieve a satisfactory outcome."

Legal 500 2021

Howard Rutter has unrivalled experience in dealing with solicitors partnership disputes.

Legal 500 2019

Lupton Fawcett is particularly strong in litigation and, while it is a large firm, it deals with clients on a personal basis.

Legal 500 2019

The dispute management team at Lupton Fawcett really cares about getting the best results for its clients and is a delight to work with.

Legal 500 2019

Why Choose Lupton Fawcett?

Having advised and supported many local families, individuals and businesses, we are proud to offer clients a dedicated service from specialist solicitors who are experts in their field:

We're Award Winning

Multi-award winning - Yorkshire Team of the Year, Regional Employment Team of the Year, Employment Law Lawyer of the Year

We're Connected

We're connected to the people, businesses and infrastructure throughout Yorkshire

We Put You First

You can be sure to expect superb client service from us. Our clients are our priority

We're Your Law Firm

Your problems are real but how we approach them makes all the difference

Frequently Asked Questions

Can a claim still be pursued even is it does not qualify for PASSPORT™?

Yes. Litigation can still be pursued on the traditional pay as you go basis. We regularly also litigate claims for clients on a fixed fee basis. We are always happy to discuss how a claim can be funded in order to meet your objectives as cost effectively as possible.

How are the costs risks of litigation managed?

Claims that qualify for PASSPORT™ can be funded on either a full or discounted conditional fee basis. With a full CFA this means that nothing is payable if the claim is unsuccessful but that a success fee is paid at the conclusion of the claim in the event the claim is successful. With a discounted CFA only part of the legal costs are paid as the claim proceeds.

Where disbursement funding is required for Counsel, expert and court fees, an application will be made to an established litigation funder. In all cases where a case is suitable for PASSPORT™ an application will also be made for After The Event costs insurance to insure against the risk that the claim is unsuccessful and you are ordered to pay your opponent’s costs.

Will I have to pay for any Counsel’s Opinion that needs to be obtained?

This depends on the outcome of the initial review meeting. An application for funding can be made to fund the costs of a Counsel’s Opinion or, in appropriate cases, Counsel may also be willing to act on a CFA. An inability to fund disbursements is not a bar to a PASSPORT™ if all other relevant criteria are met.

How does the PASSPORT™ assessment process work?

Firstly, we ask that you complete an initial questionnaire and return this to us together with copies of any relevant documentation. We will then contact you to arrange a meeting or telephone conference call to review the information you have provided and take further details. There is no charge for this initial meeting and review.

If at the conclusion of that meeting, it is considered that the claim is likely to prove suitable for PASSPORT™, we will discuss the options for funding the claim and the next steps. Alternatively, if further investigatory work and potential a Counsel’s Opinion is required, we will identify what needs to be done in order to progress the claim and assess its prospects of success.

What is the PASSPORT™ assessment criteria?

The PASSPORT™ assessment involves a detailed assessment of the likelihood of success of a claim by reference to the known facts and available evidence, the legal issues and the ability of the proposed Defendant to pay any judgment or settlement.

What is After The Event ATE insurance?

This is an insurance policy that insures against the costs liability an unsuccessful litigant will normally incur if a claim is lost.

Is a CFA the same as a DBA?

No. A DBA Damages Based Agreements is a different type of funding arrangement, which involves the lawyer keeping a share of damages recovered. DBAs are not part of PASSPORT.

What is a Conditional Fee Agreement CFA?

A funding arrangement whereby the payment of solicitor costs are deferred, in whole or in part, the deferred element being conditional on the successful outcome of the case at which point a success fee is also payable