New Representative Actions: Litigation Funding, Costs, and Court Decisions New Representative Actions: Litigation Funding, Costs, and Court Decisions

Key Topics Discussed: Funding Challenges: Issues related to funding agreements and privity of contract among class members. Early Court Decisions: The potential for courts to provide early clarity on funding arrangements. Conditional Fee Agreements (CFAs): Insights into CFAs, including success fees and cost recovery for class representatives. Damages-Based Agreements (DBAs): Limitations and challenges of DBAs in collective actions. Adverse Costs: Discussion on liability for adverse costs in representative actions. Legislative Reforms: Speculation on potential reforms to expand the CAT's collective action regime for consumer claims. Judicial Management: The proactive role of courts in managing funding and costs early in litigation. Early Determinations: Advantages of pre-emptive court decisions on funding for smoother processes. Recommendations for Funders: Guidance on creating tailored funding agreements for representative actions.