Liquidator’s Assignment to Litigation Funder Allowed Despite Lack of Consent from Defendant

Background

Another law firm was instructed in the substantive contractual dispute, in which the claimant company was in liquidation.

In order for the substantive proceedings to proceed, our Insolvency Team was instructed by the liquidator to bring discrete Part 8 proceedings for declarations relating to whether the Defendant’s refusal to consent to assign benefits, rights, and interests in the causes of action under the contract to a litigation funder were reasonable, such that the Claimant should be entitled to assign in any event.

Our Support

The matter was highly contested and resulted in 3 hearings in total, but our insolvency experts managed to successfully obtain the declaration sought by the liquidator.

Outcomes

Our client was therefore able to assign the causes of action under the contract to a litigation funder, meaning that the substantive proceedings were able to continue.

 

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