Litigation, Costs, Funding and Behaviour Implications for the Law

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

Notes on Contributors

Preface

List of Abbreviations

1. Introduction

[Willem H. Van Boom]

2. Litigation costs and third party funding

[Willem H. Van Boom]

3. TPF and Its Alternatives: an Economic Appraisal

[Jef De Mot, Michael Faure and Louis Visscher]

4. ‘Playing the man not the ball’

[John Peysner]

5. Legal Costs Awards and Access to Justice in Dutch Intellectual Property Cases: How the IPR Enforcement Directive impacts on litigation and settlement behaviour in IP disputes

[Charlotte Vrendenbarg]

6. ‘Mercantile Adventurers’? The Disclosure of Third-Party Funding in Investment Treaty Arbitration

[Eric De Brabandere]

7. Experimenting with conditional fees in the Netherlands

[Ben van Velthoven and Peter van Wijck]

8. Financial Arrangements with Litigation Funders and Law Firms in Australian Class Actions

[Vicki Waye and Vince Morabito]

9. Funding of mass claims in Germany – caught between a rock and a hard place?

[Astrid Stadler]

10. Entrepreneurial motives in Dutch collective redress: Adding fuel to a ‘compensation culture’?

[Ilja Tillema]

Index

Willem H. van Boom is Professor of Civil Law at at the Institute for Private Law, Leiden Law School, the Netherlands. His research interests include contracts, torts and insurance, consumer law and civil procedure and he has published widely on these and related areas.