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8th May 2019

“Interesting commentary in The Times on the Court of Appeal’s judgment in Merricks from Tom Cassels and Elizabeth Jordan, including the potential broader implications for settlement of such claims.

I’d imagine the possibility of reversion of undistributed damages on settlement to the defendant(s) would also help encourage settlement?  As to long term implications, I query whether the waterfall for a funder’s success fees on judgment (i.e. post-distribution of damages) will make commercial sense for some funders.  Notwithstanding that, Augusta is happy to consider such cases.”


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