An LFJ Conversation with Harish Daiya

As the Founder and CEO of Fenchurch Legal, Louisa is responsible for overseeing all business operations, including fundraising, and ensuring the business’s overall success.

Louisa founded Fenchurch Legal in 2020 after an interest in the litigation finance market sparked an idea to apply a secured lending model to litigation finance. She discovered a market largely dominated by funders focusing on high-value, complex cases such as class actions, however, there was a lack of support for smaller claims. This insight led to the creation of Fenchurch Legal.

Before launching Fenchurch Legal, Louisa operated the broking and dealing desk for a corporate brokerage and finance firm in London. In this role, she gained extensive experience in mergers and acquisitions, corporate finance, and investment product structuring. Her role involved daily interactions with both retail and professional investors, as well as corporate clients.

Fenchurch Legal operates differently from traditional litigation funders in several ways. Firstly, we focus on high-volume, low-value, process-driven consumer cases such as housing disrepair and financial mis-selling, where there is strong legal precedent supporting the claim type. Whereas larger litigation funders typically invest in high-stakes commercial disputes or class actions with multimillion-pound claims.

Secondly, the way we structure our lending is different. Traditional funders invest in cases on an outcome basis, taking equity-style positions – meaning they only receive a return if the case is successful, so they bear the risk of loss if the case is unsuccessful. In contrast, Fenchurch Legal operates as a direct lender, providing secured revolving credit facilities to law firms to draw down against costs and disbursements are repaid regardless of case outcomes. This structured lending model offers stability for both law firms and investors, ensuring predictable outcomes and controlled risk.

The key differentiation is that traditional funders invest in cases, whereas we provide loans.

That’s a great question and one we often get asked. The answer is simple: Fenchurch Legal is a lending business, not a law firm.

Operating within the private debt sector, we provide business loans specifically for consumer legal case costs and disbursements with minimal litigation. Our expertise lies in secured lending, structuring loans and managing financial risk – not litigating cases.

We partner with law firms by providing them with the financial resources they need to run cases efficiently, while we focus on risk management, due diligence, and loan security.

Before entering a specific case type, we work with legal advisors to obtain counsel’s opinion and review case law and outcomes to assess viability and risk.

As part of our underwriting process, we outsource legal expertise where needed to assess a law firm's legal procedures, compliance with SRA regulations, as well as case viability. Additionally, we continuously audit and monitor the firms we fund, ensuring they meet strict legal and regulatory requirements, both internally by our team and by outsourcing to specialist legal professionals.

Unlike traditional litigation funders who take an active role in case strategy, our role is purely financial. We lend, monitor, and safeguard investor capital, ensuring that the law firms we fund have the financial resources and oversight needed to handle legal claims successfully.

One of the biggest opportunities the small-ticket claim market brings is the ability to fund cases with a clear legal precedent against highly liquid defendants, such as government bodies, banks, or insurers. This ensures that we have no risk of non-payment of damages and costs.

Another advantage is the scalability of our model. By funding high volumes of claims, we can diversify risk across multiple law firms and case types. To date, we have funded over 15,000 small consumer claims. Out of the 6,145 loans that have been repaid, 92% were successful. For the 8% that were unsuccessful, ATE insurance provided the necessary coverage, reinforcing our robust risk management framework.

One of the challenges of funding smaller cases is the operational complexity of managing a high volume of claims efficiently. However, we have developed strong due diligence, auditing, and monitoring systems that allow us to track performance and mitigate potential risks. We also have our own loan management software which provides a complete overview of our loan book and how our law firms are performing.

How does Fenchurch handle security and risk management concerns? 

At Fenchurch Legal, security and risk management are at the core of our lending model. As a direct lender, we structure loans to safeguard investor capital while ensuring law firms can operate effectively. Our key risk management strategies include:

• Secured Lending Structure – Loans are backed by ATE Insurance, case proceeds, debentures and personal guarantees, ensuring capital protection.
• Comprehensive Due Diligence – Before lending, we assess law firms’ track records, financial health, and case viability to ensure they meet our lending criteria.
• Legal Precedent & Expert Review – We consult with barristers, law firms, and experts to evaluate claim types and expected outcomes.
• Ongoing Monitoring & Auditing – We track performance, flag risks early, and ensure compliance with agreed terms.
• Diversification – We fund a high volume of small, process-driven cases to spread risk across multiple firms and claims.

How do investors benefit from Fenchurch Legal's differentiated approach to the market? 

Investors choose Fenchurch Legal because they like our approach, which provides a predictable and secure investment opportunity. We operate as a direct lender offering structured loan facilities, meaning our investors benefit from a more stable, fixed-income-like investment model.

Our secured lending structure, combined with unique features such as risk management and diversification across a high volume of cases, provides investors with lower risk exposure and predictable returns.

As I often say, I come from a secured lending background, not a legal one. You wouldn’t ask us to stand up in court and argue a case, but you can trust us to look after investor money by structuring loans and managing risk effectively – that’s what we are good at.

I personally believe and during my professional experience I have seen that the UAE’s legal sector has experienced significant expansion, driven by economic growth, international investments, and regulatory advancements. This transformation has directly influenced the demand for litigation funding, as businesses and individuals seek financial support to navigate complex legal disputes without upfront costs.

Let me explain, what are few major factors driving demand in UAE market:

Increase in Commercial Disputes:

• With the UAE’s rise as a global business hub, contract disputes have surged, particularly in high-stakes sectors like construction, real estate, and finance.
• The growing reliance on arbitration and cross-border transactions has made litigation funding a strategic necessity

Dual Legal Framework:

• • The UAE’s unique system—onshore civil law courts and offshore common law jurisdictions (DIFC, ADGM)—creates a dynamic environment for litigation funding.
  • Offshore jurisdictions provide clear regulatory frameworks for third-party funding, increasing confidence among investors and litigants.

• • High litigation and arbitration costs often deter claimants from pursuing valid cases.
  • Litigation funding ensures businesses and individuals can seek justice without financial constraints, shifting the cost burden to funders.

• • The DIFC’s Practice Direction No. 2 of 2017 and ADGM’s Funding Rules 2019 have legitimized litigation funding, fostering investor confidence.
  • This has encouraged global litigation funders to enter the UAE market, increasing competition and accessibility.

At WinJustice, we are committed to spreading awareness and advancing the adoption of litigation funding across the MENA region. Our commitment is reflected in various initiatives, including education, thought leadership, and industry awareness.

As part of this mission, we are excited to announce the launch of our LinkedIn newsletter, "Litigation Funding MENA Insight"—the first dedicated newsletter in the region focusing on litigation funding. This initiative is particularly significant as it is led by a UAE-based company, bringing deep regional expertise and global perspectives.

Our newsletter will serve as a trusted resource, providing insights, case studies, and expert discussions on litigation funding. To ensure accessibility and reach, it will be published in both Arabic and English, making it the go-to platform for businesses, legal professionals, and investors interested in this evolving field.

The key Impacts on the Legal Industry: 

• There is Enhanced Access to Justice: SMEs and individuals can now challenge well-funded opponents without financial barriers.
• Market Competitiveness: The entrance of international funders has led to the adoption of global best practices, benefiting claimants.
• Stronger Negotiation Leverage: With financial backing, businesses can negotiate settlements more effectively, knowing they have the resources to litigate if necessary.

Also, there are reports that litigation funding in the UAE increased by 40% over five years, with SMEs as the largest beneficiaries. Hence, we can say that litigation funding has become a crucial tool in the UAE’s evolving legal ecosystem. As regulatory clarity improves and market awareness increases, its role in providing financial access to justice will only strengthen.

2. In your experience, how do cultural and legal nuances in the UAE influence the way litigation funding investments are sourced and structured?

According to my experience, The UAE’s litigation funding market is shaped by deep-rooted cultural values and a dual legal framework that integrates both civil and common law principles. For anybody, understanding these nuances is essential for structuring investments effectively.

I can say that broadly Cultural & Legal Influences includes factors such as:  

• • The UAE business community traditionally favors dispute resolution methods like arbitration and mediation over lengthy court proceedings.
  • Litigation funders must tailor their models to prioritize arbitration financing, particularly for high-value commercial disputes.

1. • Many UAE businesses operate under Islamic finance principles, requiring litigation funding models to be structured without interest-based arrangements.
   • Alternative funding structures, such as success-based fees and equity-sharing, are gaining traction.

1. • Businesses and high-net-worth individuals value discretion in legal matters.
   • Litigation funders must implement strict confidentiality agreements and strategic case management to ensure reputational protection.

1. • Offshore jurisdictions (DIFC & ADGM) have explicit litigation funding regulations, making them attractive venues for funded claims.
   • Onshore courts lack clear regulations, requiring funders to conduct extensive due diligence before financing claims.

1. • Disputes involving government-linked entities require additional compliance measures and strategic planning.
   • Litigation funders must account for potential regulatory scrutiny when financing such cases.

If you research, you may find incidents like Dubai-based firms have secured litigation funding for a contractual dispute against a overseas partner, leveraging the ADGM’s favorable legal framework.

Precisely speaking, Cultural and legal nuances make the UAE a unique but highly promising market for litigation funding. Tailored investment structures that respect local customs, regulatory landscapes, and business preferences are key to success. In fact, we estimate that 60% of funded cases in the UAE involved arbitration, highlighting the preference for ADR.

Actually, if you see, The UAE is rapidly emerging as a key market for litigation funding, but as with any evolving legal landscape, obviously funders have legitimate concerns about investing in the region. Addressing these concerns requires a deep understanding of the regulatory environment, enforcement mechanisms, and legal complexities that define the UAE’s legal system.

Few genuine concerns for Litigation Funders could be: 

• • • Unlike jurisdictions such as the UK and Australia, UAE’s onshore courts lack a well-defined framework for litigation funding.
    • Offshore jurisdictions like the DIFC and ADGM have established regulations, but clarity is still evolving in onshore courts.

1. 1. • A favorable judgment does not always guarantee successful enforcement, particularly in cross-border disputes.
      • UAE’s legal system allows for appeals and potential delays in execution, which can extend the time before a funder sees returns.

1. 1. • Funders must assess whether cases have strong legal merit and a high probability of success.
      • There is also concern over whether claimants will be able to recover awarded damages, particularly if assets are difficult to trace.

UAE courts do not always follow strict precedents, which creates unpredictability for litigation funders who rely on historical case outcomes for underwriting decisions.

However, the good thing is we can address these concerns through initiating appropriate measure, like:

• • Encouraging claimants to litigate within DIFC or ADGM courts can provide a more predictable legal framework with explicit third-party funding regulations.

1. • Litigation funders should conduct thorough case assessments, including analyzing asset recovery potential before committing to funding.

1. • Collaborating with asset recovery firms and legal experts to ensure judgments are enforceable across jurisdictions.
   • Utilizing treaties such as the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.

1. • Structuring agreements with contingency elements can mitigate risks.
   • Working with law firms that offer success-based fees ensures that all stakeholders are aligned in their objectives.

To summarise, The UAE is a lucrative but complex market for litigation funders. By strategically selecting jurisdictions, conducting robust due diligence, and leveraging international enforcement treaties, funders can mitigate risks and take advantage of the growing demand for litigation finance in the region.

At WinJustice, we firmly believe that managing duration and collectability risk is one of the most critical aspects of litigation funding. In the UAE, these risks can be more significant due to procedural timelines and enforcement challenges. However, with a structured and strategic approach, they can be effectively mitigated. This is precisely what we implement at WinJustice—ensuring that every case is managed with precision, minimizing risks while maximizing successful outcomes.

Lets understand Duration and Collectability risks:

• • • Court proceedings in UAE onshore courts can take longer due to multiple appeal stages.
    • Arbitration cases tend to resolve faster, particularly within DIFC and ADGM jurisdictions.

1. 1. • Even if a judgment is awarded, claimants may face difficulties in collecting damages.
      • Defendants may shift or conceal assets, making enforcement challenging.

Our suggested strategies to manage these risks are:

1. Prioritize Arbitration Cases:

1. 1. • Arbitration is often faster than litigation and provides clear enforcement mechanisms.
      • DIFC and ADGM arbitration courts have robust mechanisms for enforcing awards internationally.

2. Early Case Assessment & Due Diligence:

1. 1. • Before funding a case, funders must evaluate the financial stability of the defendant and whether they have recoverable assets.
      • Engaging forensic accounting experts helps in asset tracing.Structuring Litigation Agreements with Milestones:

1. 1. • Including timelines in funding agreements helps ensure claimants and their legal teams are progressing cases efficiently.
      • Phased funding disbursements can incentivize timely case resolution.Working with Local Legal Experts & Asset Recovery Teams:

1. 1. • Partnering with firms specializing in UAE asset recovery and judgment enforcement can strengthen collectability efforts.

If we compare UAE to Other Jurisdictions:

• • UAE vs. UK: UK has established litigation funding precedents, making duration risk lower.
  • UAE vs. US: US litigation is costly but has a well-defined process for class action and third-party funding.
  • UAE vs. Singapore: Singapore offers a structured approach similar to DIFC, making it a comparable market.

Therefore, while duration and collectability risks are slightly higher in UAE than in more mature markets, leveraging arbitration, strong due diligence, and phased funding agreements can significantly reduce risks for litigation funders.

In my opinion, Litigation funding in the Middle East is at an inflection point. Over the next decade, the region will witness increased adoption of legal financing, supported by regulatory advancements, growing market awareness, and technological integration.

Some of major trends & developments shaping the Future, are like

• • • Onshore UAE courts may introduce formal litigation funding regulations, similar to DIFC and ADGM frameworks.
    • Governments in Saudi Arabia and Qatar are exploring third-party funding regulations, expanding the regional market.

1. 1. • More law firms and corporate clients will turn to litigation funding, especially in high-value commercial disputes.
      • The construction and real estate sectors, which are prone to disputes, will see a rise in funding demand.

1. 1. • Artificial Intelligence (AI) will play a key role in risk assessment, helping funders predict case outcomes with higher accuracy.
      • AI-powered analytics will enhance due diligence and underwriting processes.

1. 1. • Arbitration is expected to dominate litigation funding in the region due to faster resolution timelines and enforceability.
      • Growth of regional arbitration centers such as DIAC (Dubai

International Arbitration Centre) will further facilitate funded cases.

1. 1. • Large international litigation funders are likely to enter the Middle East, increasing competition and refining best practices.
      • Institutional investors, including hedge funds and private equity firms, will seek exposure to litigation funding as a diversified asset class.

Yes, there could be some challenges that may shape the future, like:

• • Ensuring ethical litigation funding practices to prevent frivolous lawsuits.
  • Balancing regulatory oversight with industry growth to maintain market credibility.

So, the next 5-10 years will see the Middle East, particularly the UAE, become a key hub for litigation funding. With regulatory progress, market maturity, and technological advancements, the region is poised for significant growth in third-party legal financing, offering both opportunities and challenges for funders and legal professionals alike.