Etico Litigation Fund
Etico Litigation Fund
Etico Litigation Fund
Etico Litigation Funding (Etico) has been developed to service increasing investor interest in the rapidly expanding area of litigation funding. Working with the UKs top 500 Law Firms, Etico has been structured to fund a portfolio of high yielding quality legal cases. Etico is seeking to raise seed capital in the form of Loan Notes yielding attractive guaranteed rates of return with excellent underlying security providing 100% principle protection of original capital. Etico is unique as investor interests are protected through a series of mechanisms.
Return of investors capital at the end of 2 years is guaranteed. Minimum levels of quarterly interest payments throughout the 2 year investment period are guaranteed. A maturity bonus at the end of 2 years is guaranteed. In addition investors may be paid additional levels of interest and/or maturity bonus depending on the overall performance of Etico. *This element is not guaranteed.
Investor Returns
Interest
Interest on capital is guaranteed at the minimum rate of 8% per annum payable quarterly in arrears. A total of 16% over 24 months.
Maturity Bonus
A maturity bonus of a guaranteed minimum of 8% will also be paid at the end of the 2 year investment period. Total returns as a combination of interest and maturity bonus will be guaranteed at 24% over the two year term.
Performance Bonus
A *performance bonus of up to 20% of the total success fees achieved is payable after 2 years at maturity based on the overall performance of Etico. *This element is not guaranteed.
Key Features
ETICOS MANDATE
* Secured lending to claimants to support approved cases with high likelihood of success * Guaranteed interest of 8% per annum + a variable interest bonus * Guaranteed maturity bonus of 8% + a variable maturity bonus (payable at the end of term) * Variable maturity Fund Performance bonus up to 20% (payable at the end of term)
TRANCHE SIZE
* GBP 50 million maximum
The financing of third-party litigation does carry an element of risk. To enable Etico to guarantee the original capital invested plus the guaranteed rate of return, and in order to mitigate that risk, the entire lending program of Eticos debt facility will be underpinned by the unique addition of investor guarantees and investor protection mechanisms as detailed below: * Cash and treasury management facilities to which Etico has no access * Segregated Client Custodian Account where all original investor monies are held * An independent Swiss based and fully regulated Investment Manager * A Bank Guarantee * An After the Event insurance policy which protects Etico against any losing cases
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All funds will be held in completely segregated client accounts at Barclays Bank plc. GCEN and the Investment Manager are able to view the bank accounts GCEN can verify payments but cannot authorise and release an outward payment The Investment Manager can authorise to release outward payments, but cannot verify payments Both GCEN and the Investment Managers authority is needed to release any funds The Investment Manager can only access the account to pay back investor capital at the end of the two year investment term These accounts are sufficiently distinguished that even Barclays Bank have no access to them
As a result of the above, these Segregated Client Accounts provide 100% Principle Protection and ensure that client monies will always have a 100% Guarantee of original capital. Please see the Investor Security Pack for further information.
To enable Etico to guarantee the capital invested plus the agreed rate of return Etico will hold the capital in a custodian account throughout the two year investment term. From this custodian account a credit line is derived to fund litigation cases. Original investors capital is never used to directly invest in the litigation cases being funded therefore ensuring that the capital is never exposed to risk. It is therefore the credit line that is at risk and not the investors capital. To facilitate such a credit line the business model has undergone extensive due diligence from independent parties. In addition to this, Eticos strategy is to mitigate the risks involved in providing funding to the claimants by way of ATE Insurance.
The final element of protection provided involves a Bank Guarantee which has been arranged with HSBC. In the highly unlikely event that one or more of the previous protection mechanisms were for whatever reason to fail, then Etico has had the entire scheme guaranteed through a Bank Guarantee from HSBC. The Bank Guarantee will cover any shortfalls on returns to investors up to a maximum of US$100 million. This Bank Guarantee includes the return of clients original capital; any outstanding interest payments due to clients; and/or any outstanding maturity bonus yet to be paid to clients. Please see the Investor Security Pack for further information. These extensive and independent levels of investor protection significantly exceed what is available from any other litigation fund, and provide prospective investors with a truly unique and robust investment opportunity that guarantees not only original capital but also a pre-determined minimum level of returns.
Why are your funds safe with GCEN? * GCEN comply fully with all of the FSA & HMRC requirements, set out below, as an authorised payment institution * GCEN hold fully segregated client accounts within Barclays Bank Barclays Bank have no call on client funds at GCEN * GCEN transactions and accounts are automatically reconciled daily by a third party London based accountancy practice as
an authorised payment institution
* GCEN are subject to a high level of regulatory scrutiny and have to comply with various financial requirements and policies
set out by the FSA Some of these requirements include:
* Holding a defined level of capital adequacy at all times as a margin cash cover Enforcement of various policies and
procedures - including Anti-Money laundering, risk, complaint and fraud prevention policies and procedures
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Raymond Porchet 20 years at Bank Julius Baer AG; 10 years St Gnrale du Luxembourg Mauro Tempini 14 years as a portfolio manager initially with UBS AG Alexandre Weintraub 20 years banking experience with both Bank Sal. Oppenheim jr. & Cie (Schweiz) AG and Multi Commercial Bank both in Zurich
ATE Insurance
The Insurers
Etico will rely on the expertise of Tobell Insurance Services to source and structure the most cost effective and thorough ATE Insurance coverage. This will be provided by a combination of policy issuers and underwriters as a further way of managing the risk rather than just relying on one insurer. Only insurers regulated by the UK Financial Services Authority (FSA) and those covered by the UKs Financial Services Compensation Scheme (FSCS) will be used. In the unlikely event that an insurer went under the FSCS would pay out and Etico would be repaid. A selection of those insurers and their respective credit ratings are as follows: Allianz Insurance S & P Credit Rating AA Meadowbrook Insurance Group S & P Credit Rating AA QBE Insurance S & P Credit Rating A Brit Insurance A M Best Credit Rating A IGI Insurance A M Best Credit Rating A - The ATE policy insures that in the event of a case being lost, both the original loan capital and the interest payments due are paid back to Etico and its investors. In addition, the overall investment proposal provides further protection in the form of a custodian account for capital and an interest and maturity bonus guarantee offered irrespective of the outcome of the litigation.
The Insurers
As mentioned previously, in the unlikely event that all other protection mechanisms were to fail Etico has arranged a Bank Guarantee that operates once GBP6m has been invested. This unconditional Bank Guarantee issued by HSBC covers any shortfall on returns to investors up to a maximum of US$100 million. This is the ultimate guarantee and effectively insures against any unforeseen shortfall. The guarantee covers the return of clients original capital; any outstanding interest payments due to clients; and/or any outstanding maturity bonus yet to be paid to clients. First beneficiaries of this bank guarantee are the investors and not Etico. The Investment Manager has control over this bank guarantee not Etico.
Win or lose, Etico will always be able to recover the original loan monies from the Borrower as well as all interest due on the loan.
The ATE insurance gives comfort to the Claimant and because it is an insurance policy, it provides as an initial although, conditional guarantee, of the investors original capital and income payments. However, it does not affect the unconditional HSBC Bank Guarantee.
Case Succeeds
A. Case succeeds at end of 12 months.
Litigant X is awarded 5,000,000 damages from his opponents, in addition to recovery of his non interest costs of 2,287,000, incorporating disbursements, solicitor fees, and the ATE Premium. Most of the capital is therefore effectively repaid by the opponents. The litigant pays the total amount of interest ( 412,000 in this case held by Etico on outset of case) out of damages, together with a win bonus of 20% of recovered damages (agreed with the Litigant as part of the funding agreement) namely 1,000,000 which also comes out of damages. Additionally there are ATE Commissions paid to Etico which equate to 157,500 for each successful case. Total amount paid by client is 1,420,000 for the funding arrangement. The Litigant is still left with 71.6% of his damages after payment of funding costs. In total Etico receives 1,420,000 from the claimant and 1,687,000 from the other her Side therefore providing a 42.88% margin.
Case Fails
B. Case fails at end of Year 1.
Litigant X is insured by his ATE insurance for all disbursements and opponents costs. He is not insured for some or all of his own solicitors costs or interest payable on capital. This represents a credit risk to Etico (but not the investor due to the nature of the financial guarantee and default insurance) of potentially all legal fees i.e. 900,000 & Interest of 412,000. Depending upon the terms agreed with Litigant X at the outset and the Litigants own credit worthiness there could be a loss to Etico of 900,000 in the case. The 412,000 interest payment would not be lost as the interest payments are held on day one by Etico. All interest that is attributable to each case is held within Etico upon the outset of each case. All Solicitors fees that are attributable to each case are reserved within Etico and are paid out to the Solicitor on a monthly draw down basis against pre-approved budget which is established as a part of the initial contract with the claimant. The business model assumes a 30% loss of cases and assumes full loss of these sums. However they can be mitigated; Etico can seek to insure some or all of the Solicitors fees under the ATE by negotiation. able Etico can seek to agree with the Litigant at the outset to meet these fees as a reasonable and proportionate share of risk.
Investment Advisors
The Legal/Investment Advisors will manage the litigation investments and originate, evaluate, structure (including budget and ATE insurance) and propose cases for the approval of the Investment Manager. The team comprises: Matthew Roddan Etico Litigation Funding (Legal) www.eticoinvestments.com Matthew qualified from Kingston Upon Thames with a Honours Degree in Law and followed this with a Masters Degree in Employment Law & Practice from Staffordshire University. He began practising as a Solicitor in 1992 with Eastleys Solicitors and swiftly rose to become a partner in 1998 and a full equity partner by 2000. During his time as a practising Solicitor Matthew has seen the advent and implementation of Lord Woolf s reforms in the form of the creation of the Civil Procedure rules and the Access to Justice Act 1999. These encompassed the introduction of Conditional Fee Agreements (No Win No Fee) and the availability of After the Event insurance. Under this regime Matthew has been managing partner of a Litigation Department which has successfully concluded over 2000 cases. His firm is one of a handful to have established their own Cell Captive for insurance purposes and they receive referrals throughout the UK for their specialism in industrial disease litigation. Eastleys Solicitors are fully regulated by the Solicitors Regulation Authority. Andy Ellis Ellis Grant (Legal Costs) - www.ellisgrant.co.uk Andy is a founding Director of civil litigation costs consultants Ellis Grant Ltd and the innovative litigation budgeting software firm Feasibility Ltd . Since 1991 Andy has been instructed by leading law firms in many of the highest value costs cases in the commercial litigation, publication and group action sectors. Andy contributed to Lord Justice Jackson's Review of Civil Litigation Costs and is a leading light in the fast developing field of active litigation costs management. Andy is a straight-talking no-nonsense operator with a commercial approach that consistently achieves good outcomes. Harvey Kass, Legal Director, Associated Newspapers
* 24 months (max)
COMPREHENSIVE LEVELS OF INVESTOR PROTECTION * Independent Scheme Administrator: GCEN * Segregated Client Accounts: within Barclays Bank plc * Original Client Monies Blocked: Separate Credit Line for litigation * Independent Investment Investment Manager: IFP AG Zurich * Bank Guarantee: issued by HSBC ALL LITIGATION CASES PROTECTED BY ATE INSURANCE CHARGES * No initial charges * No annual management charges * No early redemption charges
TRANCHE SIZE
* GBP 50 million maximum
Notice to Investors
The contents of this Document should not be treated as investment, tax or legal advice by any prospective investor. All prospective investors must make their own investigation and evaluation of the opportunity to invest in Etico. Investors should seek to consult with their own advisors concerning the evaluation of the risks of the investment and its suitability for their individual circumstances. Prior to making an investment prospective investors should read thoroughly the Private Placement Memorandum. A summary of certain information relevant to an investment in Etico is provided in this Document. This Document is not intended to be the sole document upon which investors should rely in reaching their investment decision. Etico may from time to time provide investors and their advisors the opportunity to receive additional information concerning investment in Etico. No person has been authorised to give any information or to make any representation other than those contained in this Document and if made or given such information or representations may not be relied upon as having been authorised by Etico. The Directors of Etico confirm that it is their opinion that this Document when read with the Private Placement Memorandum contains all material information that a potential investor would reasonably require to be able to make an informed decision as to whether or not to invest in Etico. To their knowledge such information is true and accurate and is not misleading in any material respect. The opinions, forecasts, assumptions or intentions expressed in this Document are honestly held and made and are not misleading in any material respect.