Between Protection and Access to Justice: On the Regulation of Returns in Third-Party Litigation Funding
| Authors | |
|---|---|
| Year of publication | 2022 |
| Type | Article in Proceedings |
| Conference | COFOLA International 2022: Current Challenges of Resolution of International (Cross-Border) Disputes |
| MU Faculty or unit | |
| Citation | |
| Web | Open access sborníku |
| Doi | http://dx.doi.org/10.5817/CZ.MUNI.P280-0231-2022-9 |
| Keywords | Access to Justice; Caps on Returns; Regulatory Considerations; Third-Party Litigation Funding; (Un)Intended Consequences. |
| Description | The present paper deals with the issue of third-party litigation funding from the perspective of current regulatory considerations. These, under the guise of protecting the weaker party from exploitation by the funder, are directed towards setting limits on the funders’ returns for their services. This measure is intended not only to ensure that the supported litigants do not lose a substantial part of the amount awarded, but also to limit other negative externalities associated with this funding mechanism. However, this paper seeks to show that the consequences of such a measure may be diametrically opposed and miss the mark. |
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