Court of Appeal confirms litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages

Alan Watts, Chris Bushell and Maura McIntosh of HSF Kramer summarise the Court of Appeal’s recent decision confirming that litigation funding agreements are not DBAs if based on a multiple of funding rather than a percentage of damages, meaning that they do not have to comply with the restrictive DBA regulatory regime in order to be enforceable, but share that the decision may be rendered academic in the near future.

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