When does a Litigation Funding Agreement become a Damages-Based Agreement?

Legal Futures
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Litigation funding agreements (“LFA”) and damages-based agreements (“DBA”) are both forms of litigation funding. Both are ways to facilitate access to justice and both enable litigants to pursue their claims without having to bear the costs of so doing – at least until judgment is given in their favour. The “litigation risk” is transferred away from the litigant and onto the investor and the legal representatives.

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