Paragon Costs
2 Experts
1 Contributions by Paragon Costs Experts
PRACTICE NOTES
This Practice Note addresses challenges to funding arrangements linked to retainers and covers:
what constitutes a funding arrangement
reasons to contest a funding arrangement
methods for challenging a retainer-based funding arrangement
For wider guidance on challenging contracts, see: Terminating contracts—how and when a contract ends—overview. For general background on litigation funding, see Practice Notes: Litigation funding—introduction to funder’s perspective; Litigation funding application process.
What is a funding arrangement?
Funding arrangements fall into two types:
a mechanism that operates as, or alongside, the solicitor–client retainer (a retainer-based funding arrangement)
a contract under which a third-party funder finances the proceedings for a litigant (third-party litigation funding)
Distinguishing between these categories matters, as different routes of challenge apply and distinct costs recovery rules and principles govern each type.
Retainer-based funding arrangements
Retainer-based funding arrangements usually take the form of, or are ancillary to, the retainer/contract between solicitor and client, and set out how legal fees are to be
Dispute Resolution
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