Litigation Cooperation Agreement
Produced in partnership with Mark Surguy of Weightmans
Litigation Cooperation Agreement

The following Dispute Resolution precedent produced in partnership with Mark Surguy of Weightmans provides comprehensive and up to date legal information covering:

  • Litigation Cooperation Agreement

Litigation Cooperation Agreement

This Deed is made on [date]

Parties

  1. 1

    [name], of [address] [company number] (‘A Limited’)

  1. 2

    [name], of [address] [company number] (‘B Limited’)

together the ‘Claimants’

Background

    1. (A)

      A Limited and B Limited are Claimants in a High Court action proceeding in the [Chancery Division] under Claim No. [] against the Defendant[s]. The Claimants are represented in the Litigation by the Solicitors.

    1. (B)

      The Claimants were formerly wholly-owned subsidiaries of [Z limited]. After the commencement of the Litigation, B Limited left [Z Limited’s] ownership and is now under the control of new owners.

    1. (C)

      The Claimants wish to enter into an agreement regulating the conduct of the Litigation with specific reference to the sharing of legal costs, the discharge of liabilities incurred and the distribution of benefits obtained.

    1. 1

      Definitions

      1. 1.1

        These words and expressions shall have the following meaning:

        Adverse Costs

        1. Any liability incurred for the Defendant[‘s OR s'] costs, whether the subject of a final assessment or payable on account and whether arising by agreement or pursuant to a court order

        Agreement

        1. This Litigation Co-operation Agreement,

        Costs

        1. The Solicitors' fees, disbursements and applicable VAT, including any success fee under a conditional fee agreement or payment under a damages based agreement and any other out of pocket expenses or payments incurred or made by either Claimant for the specific purpose of the Litigation as shall be notified to the other Claimant

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