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New Trends in Financing Civil Litigation in Europe
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New Trends in Financing Civil Litigation in Europe

A Legal, Empirical, and Economic Analysis

9781848446854 Edward Elgar Publishing
Edited by Mark Tuil, Postdoctoral Researcher, The Rotterdam Institute of Private Law (RIPL), Erasmus University Rotterdam, The Netherlands and Louis Visscher, Associate Professor in Law and Economics, Rotterdam Institute of Law and Economics (RILE), Erasmus University Rotterdam, The Netherlands
Publication Date: 2010 ISBN: 978 1 84844 685 4 Extent: 224 pp
This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments – including cost shifting, fee arrangements, legal expense insurance and group litigation.

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Critical Acclaim
Contributors
Contents
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This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments – including cost shifting, fee arrangements, legal expense insurance and group litigation.

The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.

This insightful book will appeal to academics and postgraduates in the fields of private law and law and economics. Law firms and insurance companies offering legal expense insurance will also find this book a valuable read.
Critical Acclaim
‘In recent years, governments have been attempting to find ways of facilitating access to justice without directly subsidising legal services. In this excellent collection of essays, the various devices are described, analysed and evaluated. The book will be essential reading for those, policymakers and others, concerned with this important issue.’
– Anthony Ogus, Professor Emeritus, University of Manchester, UK and Erasmus University Rotterdam, the Netherlands
Contributors
Contributors: M. Faure, P. Fenn, F. Fernhout, D.R. Hensler, S. Keske, N. Philipsen, A. Pinna, A. Renda, N. Rickman, T. Schepens, M. Tuil, W.H. van Boom, R. Van den Bergh, L. Visscher
Contents
Contents:

1. Introduction
Mark Tuil and Louis Visscher

2. A Law and Economics Approach to Cost Shifting, Fee Arrangements and Legal Expense Insurance
Louis Visscher and Tom Schepens

3. No Cure, No Pay and Contingency Fees
Michael Faure, Fokke Fernhout and Niels Philipsen

4. Financing and Group Litigation
Sonja Keske, Andrea Renda and Roger Van den Bergh

5. Financing Civil Litigation by the European Insurance Industry
Willem H. van Boom

6. Financing Civil Litigation: The Case for the Assignment and Securitization of Liability Claims
Andrea Pinna

7. The Empirical Analysis of Litigation Funding
Paul Fenn and Neil Rickman

8. Financing Civil Litigation: The US Perspective
Deborah R. Hensler

9. New Trends in Financing Civil Litigation in Europe: Lessons to be Learned
Mark Tuil and Louis Visscher

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This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 84980 896 5
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