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Judgment

A Company v A Funder - Judgment

FSD 0068/2017 (NSJ) · 2017-11-23

Litigation funding agreements - maintenance and champerty - application for a declaration prior to the issue of proceedings that a funding agreement was not illegal on grounds of public policy under Cayman law?

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In the Grand Court of the Cayman Islands — Financial Services Division
Cause No. FSD 0068/2017 (NSJ)
Between
A Company
- v -
A Funder - Judgment
Before
Segal J
Judgment delivered 2017-11-23

IN THE GRAND COURT OF THE C
has been entered into by and between the

While expressing some reluctance to grant
Litigation Funders. Subsequently the
costs (the *Award Debt*
These amounts included the expenses to be incurred
(g). if the Plaintiff decided to abandon
(k). the governing law of the

Mr Kish submitted that
Nowadays, though, we witness the

1
entitled to take that course and the
although the Plaintiff has not been able to
party provided assistance with litigation in return for

As Underhill J had
others in [which] the medd
liability for costs in the event of
57, Elliot v CIHSA
agreement. The funding agreement involved the
(e). what impact if any should the

Recognising that the critical
for achieving indirect control. The concern is
(f). *the amount of profit that
opportunity to litigate them on terms
effectively a right to terminate at will

It appeared to me that
importance to the Defendant and the commercial
conduct litigation in a foreign country if such

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