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Litigation funding agreement may be enforceable in part despite Paccar decision: High Court finds there is “serious issue to be tried”

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Litigation Finance Insider
November 06, 2023

Alan Watts, Chris Bushell, Maura McIntosh and John O'Donoghue of Herbert Smith Freehills reveal that the High Court has found that there is a serious issue to be tried regarding the enforceability of a litigation funding agreement in what appears to be the first decision since PACCAR considering the issue, which will hopefully shed light on whether only an offending provision or the entirety of an LFA is rendered unenforceable as a result of PACCAR.