Litigation funders and the limits of litigation privilege

Andrew Judkins of Norton Rose Fulbright examines a recent English Commercial Court decision on the limits of litigation privilege in communications with prospective funders, warning that documents created mainly to help a funder assess whether a claim is commercially viable may not be privileged simply because they also address the merits. The firm says the ruling has practical implications for funding diligence, particularly where claimants share case assessments and other sensitive materials before a funding agreement is in place.

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