There are a number of issues at play including the terms of the costs agreements, lack of disclosure to group members and lack of evidence around the decision to resort to the litigation funding (whether it was in the best interests of the group). It sounds like the decision was made by a financial guy without review by legal. The interest also might have been better pursued in an application for costs. So it is more than looking at what's just and reasonable in the circumstances.
Ann: J&J/Ethicon Mesh Class Actions Update, page-12
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