28 Litigation funding agreements

28  Litigation funding agreements

In the Courts and Legal Services Act 1990, after section 58A (inserted by section 27 above) insert—

“58B Litigation funding agreements

(1)     A litigation funding agreement which satisfies all of the conditions applicable to it by virtue of this section shall not be unenforceable by reason only of its being a litigation funding agreement.

(2)     For the purposes of this section a litigation funding agreement is an agreement under which—

(a)     a person (“the funder”) agrees to fund (in whole or in part) the provision of advocacy or litigation services (by someone other than the funder) to another person (“the litigant”); and

(b)     the litigant agrees to pay

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