4 New Square Chambers: In Brief is the regular podcast series from leading commercial barristers' chambers 4 New Square. In each episode, you will hear from our members of chambers who will examine current issues in commercial dispute resolution as well as life at the Bar.
All content for 4 New Square Chambers: In Brief is the property of 4 New Square Chambers and is served directly from their servers
with no modification, redirects, or rehosting. The podcast is not affiliated with or endorsed by Podjoint in any way.
4 New Square Chambers: In Brief is the regular podcast series from leading commercial barristers' chambers 4 New Square. In each episode, you will hear from our members of chambers who will examine current issues in commercial dispute resolution as well as life at the Bar.
New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions
4 New Square Chambers: In Brief
27 minutes 55 seconds
11 months ago
New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions
Key Topics Discussed:
Funding Challenges: Issues related to funding agreements and privity of contract among class members.
Early Court Decisions: The potential for courts to provide early clarity on funding arrangements.
Conditional Fee Agreements (CFAs): Insights into CFAs, including success fees and cost recovery for class representatives.
Damages-Based Agreements (DBAs): Limitations and challenges of DBAs in collective actions.
Adverse Costs: Discussion on liability for adverse costs in representative actions.
Legislative Reforms: Speculation on potential reforms to expand the CAT's collective action regime for consumer claims.
Judicial Management: The proactive role of courts in managing funding and costs early in litigation.
Early Determinations: Advantages of pre-emptive court decisions on funding for smoother processes.
Recommendations for Funders: Guidance on creating tailored funding agreements for representative actions.
4 New Square Chambers: In Brief
4 New Square Chambers: In Brief is the regular podcast series from leading commercial barristers' chambers 4 New Square. In each episode, you will hear from our members of chambers who will examine current issues in commercial dispute resolution as well as life at the Bar.
