Jared Dann

Jan 26, 2024 | applebyglobal.com | Simon Jerrum |David Lee |Hannah Tildesley |Jared Dann

The growth in the BVI fund finance market over the past few years has been driven in part by: expansion into a broader range of fund types; increasing take-up by fund sponsors who had not traditionally used the product in their fund families; record levels of fundraising; and an increasing number of bespoke transaction structures, including net asset value (NAV) and hybrid facilities, as well as equity commitment deals.

Sep 1, 2023 | applebyglobal.com | Simon Jerrum |David Lee |Hannah Tildesley |Jared Dann

The Decision in PACCARIn summary, the Supreme Court has held that litigation funding agreements which provide for a return to the funder of a percentage of any damages recovered are damages-based agreements (“DBAs”) and must therefore comply with the Damages-Based Agreements Regulations 2013 (the “DBA Regulations”). The effect is that, as a matter of English law, any litigation funding agreements which do not comply with the DBA Regulations are unenforceable.