A common feature in both markets is the prevalence of third-party litigation funding and the courts continue to grapple with a range of substantive and procedural issues which this poses. In this article, we consider the principal characteristics of funding in each of the jurisdictions and compare and contrast how recent case law developments may impact the approach adopted by funders, and therefore risks faced by listed companies.

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This article was first published in Butterworths Journal of International Banking and Financial Law.