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Sony Interactive v Neill and Ors

Sony Interactive Entertainment Europe Ltd v Alex Neill Class Representative Ltd [2025] EWCA Civ 841
JurisdictionUnited Kingdom
CourtCourt of Appeal (Civil Division)
Year2025
StatusBinding authority

Key Principle

Following PACCAR, a litigation funding agreement in collective proceedings is not an unenforceable damages-based agreement where the funder's primary entitlement is calculated as a multiple of its funding outlay, even if that return is capped by or payable from the proceeds of the litigation, because the fee is not 'determined by reference to the amount of the financial benefit obtained' within section 58AA of the Courts and Legal Services Act 1990.

Area of Law

General

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