Breach of funding agreement

Therium Litigation Funding A IC v. Bugsby Property LLC

England & Wales High Court · UK · 2023 · Decided

Citation/Docket: [2023] EWHC 2627 (Comm)

Parties & Funders

Posture: Funder vs. funded party over settlement proceeds
Funder(s) involved: Therium

Background

Post-PACCAR, a funded party argued its LFA was unenforceable and resisted paying Therium from settlement proceeds.

Holding & Outcome

Court granted Therium a proprietary injunction preserving proceeds, finding serious issues to be tried in the funder's favor.

Practical Lesson

Funders have real remedies when funded parties weaponize PACCAR; proceeds-tracing and security provisions in LFAs proved their worth.

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Compiled from public sources (court filings, published opinions, and secondary reporting) as part of the Institute's Phase 1 Dispute Library research. This is educational material, not legal advice; case citations should be independently verified before relied upon.

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