Loi Funding Agreements are essential instruments in modern litigation finance, providing access to justice for parties who might otherwise be unable to pursue legitimate claims. These agreements, governed by English and Welsh law, detail the terms under which litigation funders will support legal proceedings, including funding commitments, return structures, and control mechanisms. They are particularly relevant in complex commercial litigation where significant funding is required, and must be carefully structured to comply with regulations and case law principles while protecting both funder and funded party interests.
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1. Parties: Identification of the Funder, the Funded Party, and any other relevant parties
2. Background: Context of the litigation and funding arrangement
3. Definitions: Key terms used throughout the agreement
4. Funding Commitment: Details of funding amount, drawdown conditions, and funding structure
5. Return on Investment: Calculation and payment of the funder's return
6. Control and Conduct of Litigation: Decision-making rights and obligations regarding the litigation
7. Termination: Circumstances and process for terminating the agreement
8. Confidentiality: Obligations regarding confidential information
1. After the Event Insurance: Terms relating to ATE insurance when required as part of the funding arrangement
2. Security for Costs: Provisions regarding security for costs orders when there's a risk of such applications
3. Cross-Border Provisions: Specific provisions for multi-jurisdictional litigation when involving multiple jurisdictions
1. Budget: Detailed litigation budget and cost projections
2. Drawdown Schedule: Timeline and conditions for funding disbursements
3. Return Calculations: Detailed methodology for calculating funder's return
4. Counsel Opinion: Legal opinion on merits of the case
5. Waterfall Provisions: Priority of payments from litigation proceeds
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