Class actions: When is the lawyer’s relationship with the litigation funder too close?

Representative or group proceedings (commonly known as ‘class actions’) are typically lawyer driven. As the costs can be substantial, the costs of such proceedings are increasingly being covered by litigation funders.  In two recent cases, Bolitho v Banksia Securities Limited (No 4) and Moore v Scenic Tours Pty Ltd, the question arose as to whether the proper administration of justice required the Court to restrain the plaintiff’s lawyers from continuing to act by reason of their interest in, or connection with, the litigation funder.  Read what was decided in those cases here.

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