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Litigation Funding Agreement Template for Ireland

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Key Requirements PROMPT example:

Litigation Funding Agreement

"I need a Litigation Funding Agreement under Irish law for funding a group of tech company shareholders in a corporate dispute, with a funding commitment of €5 million and ATE insurance requirements included."

Document background
The Litigation Funding Agreement is utilized when a party seeks external funding to pursue legal claims in Ireland, where traditional maintenance and champerty doctrines continue to influence the structuring of funding arrangements. This document establishes the legal framework for third-party funding, detailing the financial commitment, success fee calculations, control rights, and risk allocation between the funder and funded party. It addresses key aspects such as case management, settlement procedures, information rights, and termination provisions, while ensuring compliance with Irish legal requirements. The agreement is particularly relevant in complex commercial litigation, group actions, or situations where claimants require external funding to pursue meritorious claims. Special attention is paid to Irish regulatory requirements and the evolving jurisprudence on litigation funding.
Suggested Sections

1. Parties: Identification of the Funder and the Funded Party (and any other relevant parties)

2. Background: Context of the litigation, purpose of the funding arrangement, and confirmation of independent legal advice

3. Definitions and Interpretation: Definitions of key terms including 'Claim', 'Proceeds', 'Success Fee', 'Legal Costs', etc.

4. Conditions Precedent: Conditions that must be satisfied before the funding obligation becomes effective

5. Funding Commitment: Details of the funding amount, drawdown procedures, and funding limitations

6. Return on Investment: Calculation and payment of the funder's return, including priority of payments from proceeds

7. Conduct of the Litigation: Rights and obligations regarding litigation strategy, settlement, and decision-making

8. Representations and Warranties: Key statements by the funded party about the claim and their circumstances

9. Confidentiality and Data Protection: Obligations regarding confidential information and personal data handling

10. Termination: Circumstances allowing termination and consequences of termination

11. General Provisions: Standard boilerplate clauses including notices, amendments, governing law, etc.

Optional Sections

1. Security Arrangements: Required when the funded party is providing security over the claim or proceeds

2. After the Event Insurance: Include when ATE insurance is part of the funding arrangement

3. Legal Team Arrangements: Required when specific arrangements with lawyers need to be documented

4. Multiple Claimant Provisions: Include for group litigation or multiple claimant scenarios

5. Cross-Border Provisions: Required when litigation involves multiple jurisdictions

6. Assignment and Syndication: Include when the funder may want to assign or syndicate their investment

7. Priority and Intercreditor Provisions: Required when there are multiple funders or competing interests

Suggested Schedules

1. Schedule 1 - The Claim: Detailed description of the litigation claim being funded

2. Schedule 2 - Funding Commitment: Detailed budget and drawdown schedule for the funding

3. Schedule 3 - Success Fee Calculation: Detailed methodology for calculating the funder's return

4. Schedule 4 - Lawyers' Terms of Engagement: Key terms of the legal team's engagement

5. Schedule 5 - Case Strategy: Initial litigation strategy and key milestones

6. Schedule 6 - Adverse Costs Insurance: Details of ATE insurance coverage (if applicable)

7. Schedule 7 - Reporting Requirements: Format and frequency of case progress reports

8. Appendix A - Form of Drawdown Notice: Template for requesting funding drawdowns

9. Appendix B - Form of Progress Report: Template for regular case progress reports

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Financial Services

Insurance

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Private Equity

Construction

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Relevant Teams

Legal

Finance

Risk Management

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Investment

Corporate Development

Litigation

Business Affairs

Operations

Treasury

Relevant Roles

Chief Legal Officer

General Counsel

Legal Director

Chief Financial Officer

Finance Director

Risk Manager

Compliance Officer

Investment Manager

Portfolio Manager

Claims Manager

Litigation Counsel

Corporate Counsel

Legal Operations Manager

Chief Risk Officer

Business Development Director

Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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