Table of contents
- Background
- Decision
- The Proceeds Point
- The Cap Point
Article summary
Dispute resolution analysis: In Commercial and Interregional Card Claims I Ltd v Mastercard Incorporated, the Competition Appeal Tribunal (CAT) has held that litigation funding agreements were not damages-based agreements (DBAs) where the funder’s fee was based on a multiple of the funding provided. Alan Watts, partner and global co-head of class actions, Stephen Wisking, partner, Chris Bushell, partner, and Maura McIntosh, professional support consultant, at Herbert Smith Freehills consider the decision.
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