Mark McLaren Class Representative Ltd v MOL (Europe Africa) Ltd and Others [2024] Costs LR 355
[2024] Costs LR 355
Litigation funding agreements: where the percentage payment clauses of a revised LFA effectively did not provide for payment to the funder by reference to the proceeds, the relevant clauses being conditional upon being enforceable and permitted by applicable law, and the fixed fee clauses were not determined by reference to the amount of the financial benefit obtained, the tribunal was satisfied that the agreement was not a DBA for the purposes of s 58AA and therefore met the authorisation criteria set out in the Tribunal Rule 78.
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