- Factor in Factortame—funding and champerty for creative litigation lawyers (Farrar (deceased) v Candey Ltd and another)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Dispute Resolution analysis: This judgment analyses a novel litigation financing arrangement between a claimant and his solicitors in the context of recent developments in the area of permitted financing agreements. Mr Justice Marcus Smith held that the assignment of a claim by a client to his solicitors was void under common law champerty principles where the assignment replaced a damages-based agreement (DBA) and subsequent conditional fee agreement (CFA), but was not itself compliant with the statutory requirements for a DBA or a CFA. Written by Natalie Todd, partner, and Anastasia Tropsha, lawyer, at PCB Byrne LLP.
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