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Guaranteed to fail? Oral funding arrangements may be enforceable

Published on 09 January 2020. By Geraldine Elliott, Partner and James Taylor, Associate

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Funding arrangements should be in writing, or at least impose a primary obligation on the funder to pay. So said the Court of Appeal in exploring whether an oral arrangement to fund a litigant was an unenforceable guarantee or an enforceable agreement to pay in any event (Deepak Abbhi -and- Richard John Slade (t/a Richard Slade and Company)

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