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- Retrospective or not retrospective, that is the question
Retrospective or not retrospective, that is the question
Jeremy Marshall of Winward also looks at the arguments in favour of and against retrospectivity, pointing out that, absent retrospectivity, the funding industry may become embroiled in satellite litigation based on counterfactuals and arguments that claimants should have a chance to renegotiate deals with their funders even after they have completed their successful claims.