Kari Hughes
Litigation funders make commitments based on a structural snapshot (who owns what, where assets sit, how obligations and control are distributed across an entity network) and then wait, often for years, to enforce a judgment against that same structure. The problem is that this is fundamentally a structural visibility problem, not a legal one: structures keep moving while the diligence that assessed them stays frozen in time.
The English case Lakatamia Shipping v Su illustrates the mechanism starkly. A sound $48M+ judgment that’s gone unrecovered for the better part of a decade, after the defendant’s Monaco villas were sold through a chain of BVI nominee companies and the proceeds routed away faster than the creditor could trace and freeze them.
The core diagnosis is that traditional due diligence, like point-in-time registry searches and document review, captures a structure as it existed on one day, then grows steadily less reliable with each day that passes, since nobody re-runs the full picture continuously given the cost and cognitive load involved.
Tim Follett, CEO and Founder of StructureFlow, shared with Legal Finance Expert his thoughts on this topic and how funders can protect themselves with structural visibility.




