Jurisdiction(s):
United Kingdom

Priorities agreements (waterfall) in litigation funding: LFA vs separate deed, distribution order, ATE premiums, funder returns and solicitors’ fees

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Practice notes

Although every litigation funding agreement (LFA) and its related papers will differ based on the funder and the nuances of the case being backed, there are core matters that must be tackled during the stages of negotiation. This Practice Note forms part of a concise series by Tanya Lansky and Tets Ishikawa, Managing Directors of LionFish Group Ltd, designed to give those negotiating or evaluating LFAs and their accompanying documents a clearer grasp of the considerations involved and the factors at play...

Priorities agreements

A priorities agreement (often also called the waterfall) is the instrument that expressly determines the order in which the returns from the funded claim are distributed if the case succeeds. Though it only bites upon a positive result, differing models adopted by funders and bargained for by funded parties over time have created fertile ground for disagreement. Accordingly, having a transparent, consistent and carefully negotiated priorities agreement is essential. Clear drafting here mitigates the risk of avoidable disputes...

Agreement included in the LFA or a separate deed

Some funders opt to embed the waterfall within the LFA itself. This approach is suitable where everyone entitled within the waterfall is also a contracting party to the LFA...

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Tets Ishikawa

LionFish Group Ltd

Tets started his career as a derivatives structurer and securitisation banker at ABN AMRO, Goldman Sachs and Morgan Stanley. He was subsequently a founding partner of Amias Berman, a fixed income agency brokerage, and has invested in, advised and ran a wide range of businesses across technology, aviation, commercial agriculture, sports and chemicals. He is currently a NED and Adviser to Brickflow, a real estate loan sourcing software company. Tets was first involved in litigation funding in 2011, raising capital for an impecunious client in a high value claim against a bank. He also advised an ATE insurer (latterly known as Acasta) on litigation funding, culminating in the founding of Sparkle Capital in 2014. Having helped found and establish the business, Tets was hired full-time in 2018 by Acasta to join its senior management team, with day to day...

Tanya Lansky

LionFish Group Ltd

Tanya has been working in the disputes financing and insurance industries for close to a decade. Having started her career at TheJudge Global, the then independent specialist broker of litigation insurance and funding, Tanya became immersed in this specialist market in its relative infancy. Beyond her role of negotiating and structuring insurance and financing agreements, Tanya also dedicated time to educating lawyers and counsel on the nuances of the industry. Following her time as specialist broker, Tanya joined boutique advisory firm Emissary Partners to leverage her relationships in the litigation funding market as well as her economic understanding of disputes as an asset. In 2022 she joined London-based litigation funder LionFish, and, given her extensive experience, became part of the firm’s management team in short order. ...

Web page updated on 22/05/2026

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