Funders Keepers: Providing Disclosure Documents To Your Litigation Funder

The Eastern Caribbean Court of Appeal recently held, on appeal from the BVI, that a party to proceedings is entitled to share documents received in the proceedings with its litigation funder.

Background

The Eastern Caribbean procedural rules ("EC CPR") Rule 28.17 states that any document received by a party to proceedings can be used "only for the purpose of the proceedings in which it is disclosed" (unless the document is read to or by the court, is referred to in open court, or the court or the disclosing party gives permission). EC CPR 29.12 contains a similar provision, stating that a witness statement received by a party can be used "only for the purpose of the proceedings in which it is served", subject to certain exceptions.