header-logo header-logo

01 September 2023 / Oliver Way
Issue: 8038 / Categories: Features , Profession , Litigation funding , Costs
printer mail-detail

Litigation funding agreements: chasing waterfalls?

135192
What can you expect from a litigation funding agreement? Oliver Way sets out budget considerations, waterfall details & other key points you may encounter
  • A relationship between a litigation funder and a funded party is governed by a contract known as a litigation funding agreement (LFA).
  • Key elements of a LFA include a detailed budget for the case, the waterfall of payments, what happens if any dispute arises, and confirmation that the funded party remains in control of the litigation.

Once a litigation funder has agreed to finance a claim, the next step is to draft a litigation funding agreement (LFA). Knowing about the clauses which are important to a funder allows you to give early advice to your client on what to expect.

At its core, a LFA sets out basic principles: the promises a funder makes to meet all the fees and disbursements involved in bringing the claim, and providing an indemnity for any adverse costs which might arise, in exchange for the return of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
back-to-top-scroll