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Public Funding of Multi-Party Litigation

Manitoba Law Journal, Vol. 31, p. 211-238

39 Pages Posted: 21 Feb 2010 Last revised: 8 Mar 2010

David A. Collins

The City Law School, City, University of London

Date Written: February 21, 2010

Abstract

This paper examines some high profile publicly funded multiparty claims in England which resulted in large scale wastes of resources due to inadequate screening by the Legal Services Commission and its predecessor. This paper observes the cost-raising self-interested behaviour of solicitors and claimants funded by legal aid where there is no risk of an adverse decision. This paper suggests that a public interest litigation fund be established for group claims in England similar to that of the class action fund maintained by the Canadian province of Ontario. This should support claims that have a broader interest to society while limiting the legal aid budget's exposure to costs through unmeritorious lawsuits.

Keywords: Class Actions, Group Claims, Legal Aid, Costs

Suggested Citation

Collins, David A., Public Funding of Multi-Party Litigation (February 21, 2010). Manitoba Law Journal, Vol. 31, p. 211-238. Available at SSRN: https://ssrn.com/abstract=1556666

David A. Collins (Contact Author)

The City Law School, City, University of London ( email )

Northampton Square
London, EC1V OHB
United Kingdom

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