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Understanding Litigation Funding

Francesca Pellegrini

Understanding Litigation Funding

Comparative Perspectives on Regulation, Market Behaviour, and Economic Consequences

Litigation funding, or third-party financing of legal disputes, has emerged as a transformative mechanism within modern legal systems, presenting both opportunities and challenges. This study provides a detailed exploration of litigation funding across key jurisdictions, including the European Union, United Kingdom, United States, and Asia-Pacific, with an emphasis on regulatory frameworks, market behaviours, and economic implications. By integrating legal analysis with comparative perspectives, this work offers valuable insights for scholars, practitioners, and policymakers seeking to understand the complexities of litigation funding and its broader implications for the legal order.

Pagine: 210

ISBN: 9788835163992

Edizione: 1a edizione 2025

Codice editore: 20389.3

Disponibilità: Discreta

Pagine: 210

ISBN: 9788835177470

Edizione:1a edizione 2025

Codice editore: 20389.3

Informazioni sugli open access

Litigation funding, or third-party financing of legal disputes, has emerged as a transformative mechanism within modern legal systems, presenting both opportunities and challenges. This study provides a detailed exploration of litigation funding across key jurisdictions, including the European Union, United Kingdom, United States, and Asia-Pacific, with an emphasis on regulatory frameworks, market behaviours, and economic implications. The volume traces the historical foundations of litigation funding, from doctrines such as champerty and maintenance, to its current role as a tool for enhancing access to justice. At the same time, it examines the ethical, procedural, and economic dilemmas posed by the involvement of third-party financiers in legal proceedings. Special attention is given to regulatory responses, varying approaches to transparency, and the interplay between private investment and public legal norms.
By integrating legal analysis with comparative perspectives, this work offers valuable insights for scholars, practitioners, and policymakers seeking to understand the complexities of litigation funding and its broader implications for the legal order.

Francesca Pellegrini is a legal scholar specialised in financial markets law, fintech regulation, and corporate governance. Her research focuses on the intersection of financial innovation and regulation, including litigation funding, crypto-asset frameworks, and alternative dispute resolution mechanisms in cross-border contexts. She has contributed extensively to comparative legal analysis through publications on banking union reforms, effective judicial protection, and the digitalization of financial services. She is Adjunct professor of Financial Markets Law and Research Fellow in Commercial Law at University of Bologna and collaborates on international research projects addressing regulatory challenges in evolving financial ecosystems.

Introduction

  • The Complexities and Global Implications of Third-Party Litigation Funding
  • The Historical Evolution and Doctrinal Foundations of Third-Party Litigation Funding
  • Navigating the Emerging Global Regulatory Landscape of Litigation Funding
  • Research Question
  • Research Methodology
  • Structure of Essay

Regulatory Frameworks in the European Union

  • Introduction
  • Evolution of EU Regulations on Litigation Funding
  • The Evolution of EU Legal Frameworks on Third-Party Litigation Funding
  • Evolution of Third-Party Litigation Funding in the European Union: From Early Directives to Proposed Reforms
  • Navigating the Complexities of Litigation Funding Regulation
  • Prominent Litigation Funding Frameworks in Europe: Analysing the German and Dutch Models
  • Structural Deficiencies in the Current EU Litigation Funding Framework
  • Conclusion

The Legal Framework of Litigation Funding in the UK

  • Introduction to Third-Party Litigation Funding in the United Kingdom
  • The Significance of Litigation Funding in the United Kingdom
  • The Evolution of Litigation Funding in the United Kingdom: From Historical Obstacles to Modern Frameworks
  • Navigating the Shifting Landscape of Litigation Funding
  • Litigation Funding Agreements (Enforceability) Bill 2024: Legislative History and Impact on UK Litigation Funding
  • Comprehensive Analysis of Key Judicial Decisions Impacting Litigation Funding: From Arkin to Post-PACCAR Jurisprudence
  • Litigation Funding in Arbitration: Key Considerations and Developments
  • Analysis of the Complexities in the Legal Framework Surrounding Litigation Funding Post-Supreme Court Decision
  • Conclusion

Examining the Regulatory Landscape of Litigation Funding in the United States

  • Introduction: Navigating the Complex Landscape of Litigation Funding in the United States
  • A Nuanced Balance: Law and Economics in US Litigation Funding
  • A Fragmented Regulatory Framework: Federal and State Jurisdictional Complexities
  • Unpacking the Evolution and Challenges of Litigation Funding in the American Legal System
  • The Rise and Regulation of Litigation Funding in the US: A Decade of Transformation
  • The Evolution of Litigation Funding: A Comparative Analysis of Disclosure and Confidentiality in the US and the UK
  • Navigating the Complexities of Third-Party Litigation Financing: Disclosure, Compliance, and Impact
  • Legal and Regulatory Framework of Litigation Financing Arrangements in the US
  • The Concerns of Third-Party Funding in Commercial Arbitration in the USA
  • Future Considerations for Regulating Litigation Funding: Balancing Plaintiff Protection and Funder Incentives
  • Conclusion

The Rise of Third-Party Litigation Funding in the Asia-Pacific

  • The Evolution and Divergence of Third-Party Litigation Funding Across Asia
  • Global Major Players in Litigation Funding in the Asia-Pacific Region
  • Emerging Trends and Challenges in Asia-Pacific s Litigation Funding Landscape
  • The Role of Global Funders in Shaping the Future of TPLF in Asia-Pacific
  • The Rise and Regulation of Third-Party Funding: Trends and Transformations in Key Markets Across the Asia-Pacific Region
  • Looking Ahead: Future Prospects and Conclusions on Third-Party Funding Across Asia-Pacific Markets

Litigation Funding in a Global Context: Financial Risks, Technological Disruptions, and Social Impacts

  • Introduction
  • The Economics of Litigation Funding in USA at Present and in the Future
  • Economic Impacts of PACCAR Inc Decision on UK Litigation Funding: DBAs, Collective Actions, and Opt-Out Claims
  • The Increasing Relevance of TPLF in Arbitration: Key Aspects and Legal Developments
  • Ethics and Moral Aspects of Litigation Funding: Navigating Risks, Incentives, and Transparency
  • Advocate General Szpunar s Opinion in ASG 2 (C-253/23): Economic Implications and Third-Party Funding Dynamics
  • AI and Litigation Funding: A Transformative Interaction
  • Conclusion

Conclusion and Recommendations for Policymakers

  • Future Prospects and Challenges for Policymaker
  • Insights from the Proposed Regulation of Third-Party Litigation Funding in the EU
  • Concluding Remarks

Bibliography

Collana: Collana del Dipartimento di Sociologia e Diritto dell’Economia Università di Bologna

Argomenti: Politica economica e finanziaria - Diritto, giustizia

Livello: Studi, ricerche

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