July 2021 / 13 posts found

Demystifying the Litigation Funding Process

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As third-party litigation funding becomes more mainstream, the general concept is now familiar: A funder will share a claimant’s risk by providing financial assistance in exchange for a share of the potential recovery. The benefits are well-documented, too: Funding allows claimants to hire their preferred counsel without coming out of pocket, helps ensure law firms are paid for their work on the case, and empowers these parties together to pursue valuable claims that might otherwise be abandoned. But practical guidance about how to get funding is still difficult to find. The process can be mysterious and overwhelming for first-timers. Below […]

High Court finds litigation privilege applies despite third party being deceived as to purpose of in…

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In a recent decision, the High Court has found that a pre-action letter sent by the claimant to a third party, and the third party’s response, were subject to litigation privilege, overturning the decision of the Master who had found that privilege did not apply. The court was satisfied that the true purpose of the correspondence was to obtain information for the present proceedings, and therefore the dominant purpose test was met: Ahuja Investments Ltd v Victorygame Ltd [2021] EWHC 1543 (Ch). The court found that, in considering the dominant purpose test for litigation privilege, the authorities establish that it […]

Lawyers Make Formidable Litigants – Above the Law

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Over my decade or so in litigation, I have seen all types of lawsuits and litigants. Indeed, I have litigated many run-of-the-mill lawsuits that were handled by the usual law firm cast of characters I am used to seeing in the courthouses in which I practice. I have also been involved with some lawsuits that involved nonlawyer pro se plaintiffs, which were extremely interesting matters to handle. However, the lawsuits for which I really like to grab the popcorn and sit back to watch the tactics and passion of the parties involved are those in which one or more litigants […]