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The real problem which this case and the others referred to by Aaron Vodden is that we lawyers are too often obsessed with form over content. What possible injustice flows from the court upholding this CFA and what possible damage would have flowed from upholding them in the other cases. The world has never been interested in knowing " how many angels may fit upon the point of a Needle" but for many lawyers such questions seem central to their existence. LJ Jackson seems to be of that ilk.

Surely there comes a time in litigation when one has to simply take the line which best achieves justice on the facts of the case itself. The Claimant can't get justice without some kind of funding agreement and thus, within reason, the court should encourage such agreements and cast down those defendants (usually insurers) who take technical points.

I appreciate that such an approach requires judges of the highest calibre, both intellectually and practically if it wasn't to descend into some kind of discretionary free for all but...

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