Allianz ProzessFinanz GmbH opened a London office in November 2007 and has recently also joined forces with cooperating partners in Zurich and Vienna. Allianz.com News spoke to attorneys Christian Stürwald in London, Lars Hansen in Munich and Hans Weissberg in Zurich.
Allianz Deutschland AG
Munich, Jul 15, 2008

Christian Stürwald
Mr. Stürwald, more than half a year ago you made the move from Munich's Isar River to the Thames, to build up and manage the new office of Allianz ProzessFinanz GmbH there as the company's authorized representative. How have things turned out so far?
Stürwald: I'm very pleased. There's strong demand for litigation funding in the British market. On top of that, the English are not bothered by the idea of payment on contingency, and the subject is discussed very openly, not just among professionals but in the general public.
Mr. Weissberg, is litigation funding something entirely new to Switzerland?
Weissberg: Not at all. Litigation funding is an institution in Switzerland, too. Over the past few years, Allianz ProzessFinanz has already brought several proceedings to a successful conclusion for its clients here. But it's true that litigation funding hasn't achieved the same level of familiarity in Switzerland as it has in the German market.

Hans Weissberg
Mr. Hansen, what's the picture in Austria?
Hansen: We've been financing litigation for some time now in Austria, too. Now we have an outstanding partner to cooperate with: Allianz Elementar in Vienna.
When you compare your business to litigation funding in Germany, are there any differences?
Stürwald: Not really. The only difference is that the minimum amount at issue has to be 100,000 pounds (equivalent to 125,755 euros).
Weissberg: In Switzerland the required minimum is CHF 300,000 (about 185,500 euros), instead of 100,000 euros as in Germany. If the amounts at issue are less, the cost of litigation in Switzerland can get so high that litigation funding no longer makes sense for the claimant.
Hansen: The minimum in Austria is 80,000 euros. That too depends on the particular characteristics of civil procedure here.

Lars Hansen
Otherwise, the terms are as usual – a solvent opposition and a claim that is likely to prevail?
Stürwald: That's it. If those requirements are met, the case can generally be considered for financing.
And financing means the client himself pays nothing, even if he loses, right? He only gives up a piece of the pie if the case is won?
Hansen: Right. In Germany and England, we advance all the costs, and then if – and only if – the case is won, Allianz ProzessFinanz collects between 20 and 30 percent, depending on whether the case is settled out of court and how large the proceeds are.
Weissberg: In Switzerland, Allianz ProzessFinanz gets a flat 30 percent if the case is won. That's another difference from litigation funding in Germany and England. But Allianz ProzessFinanz's share goes down to 20 percent if the case is brought to a final and absolute conclusion within six months after the financing contract is signed. That's because of the different way civil procedure works in Switzerland.
In other words, in principle the client has no risk?
Hansen: Exactly. Once the contract is signed, the litigation funder assumes all risk, and is responsible for costs if the case is lost.
What cases have already been financed in England and Switzerland?
Stürwald: Well, this is my chance to briefly describe our showpiece case from England. Not long ago we successfully assisted two founding members of the rock band Status Quo in asserting their claims for royalties.
Weissberg: All right, I can't point to such a high-profile case. But the Swiss cases are also exciting. These range from claims in family and probate law to liability suits about companies in bankruptcy to disputes about construction law. Just the same as in Germany, really.
Hansen: Our most spectacular case had a direct connection with the European Championship in soccer. It was in the Salzburg regional court, where we assisted an engineering firm that was responsible for upgrading the building systems at the soccer stadiums in Salzburg, Klagenfurt and Innsbruck. Even though the work was defect-free, they had to litigate to get paid.
About Allianz ProzessFinanzierung
Businesspeople and private individuals often can't take their claims to court because they don't have the necessary financial cushion to litigate. Even legal insurance doesn't cover every kind of case – for example, construction law or patent disputes are generally not included.
In those situations, Allianz ProzessFinanzierung is often the solution. If the team headed by managing director Arndt Eversberg believes the case has a certain chance of success, and if the opponent's credit rating is good, Allianz ProzessFinanzierung pays for legal counsel, court costs and expert witnesses. If the case is won, the litigation funder gets a share of the proceeds. If not, it assumes all the costs – the client pays nothing.
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