Applying Third Party Litigation Funding in the Civil Law System
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Beschreibung
This book provides a clear and in-depth analysis of Third-Party Litigation Funding (TPLF) in civil-law systems, with a primary focus on the European Union and comparative insights from Southeast Asia. Drawing on selected case studies and doctrinal analysis, it examines how litigation funding has evolved from a traditionally prohibited practice into an increasingly visible, yet still contested, feature of contemporary civil justice. As litigation costs continue to rise and collective redress mechanisms expand, TPLF has emerged as a practical means of enabling claims that might otherwise never reach the courts. At the same time, courts and policymakers remain cautious about third-party involvement in litigation, particularly where questions of control, transparency, fairness, and public policy arise. The lack of clear and consistent legal standards across jurisdictions has produced fragmented regulatory approaches and ongoing legal uncertainty, especially in relation to champerty, claim assignment, and the proper scope of judicial oversight. The book explains how and why courts in different EU jurisdictions permit, limit, or refuse claims involving TPLF, and clarifies the legal reasoning and policy considerations that underpin these decisions. It also addresses the particular challenges posed by funded collective and competition actions, where courts must carefully balance improved access to justice against the risk of excessive commercialisation of litigation. Overall, the book offers a structured and principled account of how TPLF can be understood and regulated within civil-law traditions. It provides practical and analytical guidance for judges, policymakers, practitioners, and scholars who seek to engage with litigation funding in a way that strengthens access to justice while preserving the integrity of civil adjudication.
This book provides a clear and in-depth analysis of Third-Party Litigation Funding (TPLF) in civil-law systems, with a primary focus on the European Union and comparative insights from Southeast Asia. Drawing on selected case studies and doctrinal analysis, it examines how litigation funding has evolved from a traditionally prohibited practice into an increasingly visible, yet still contested, feature of contemporary civil justice. As litigation costs continue to rise and collective redress mechanisms expand, TPLF has emerged as a practical means of enabling claims that might otherwise never reach the courts. At the same time, courts and policymakers remain cautious about third-party involvement in litigation, particularly where questions of control, transparency, fairness, and public policy arise. The lack of clear and consistent legal standards across jurisdictions has produced fragmented regulatory approaches and ongoing legal uncertainty, especially in relation to champerty, claim assignment, and the proper scope of judicial oversight. The book explains how and why courts in different EU jurisdictions permit, limit, or refuse claims involving TPLF, and clarifies the legal reasoning and policy considerations that underpin these decisions. It also addresses the particular challenges posed by funded collective and competition actions, where courts must carefully balance improved access to justice against the risk of excessive commercialisation of litigation. Overall, the book offers a structured and principled account of how TPLF can be understood and regulated within civil-law traditions. It provides practical and analytical guidance for judges, policymakers, practitioners, and scholars who seek to engage with litigation funding in a way that strengthens access to justice while preserving the integrity of civil adjudication.
Explains why an EU court would permit a claim involving Third Party Litigation Funding to proceed Considers the pitfalls of Third Party Litigation Funding and potential policy changes that could address them Aims to create a positive shift in public policy towards Third Party Litigation Funding
Autor*in
Narong Kiettikunwong
Themen in »Applying Third Party Litigation Funding in the Civil Law System«
Third-Party Litigation Funding EU competition action class action suit union law EU directive action for damages competition litigation