Litigation Funding: Status and Issues

159 Pages Posted: 12 Sep 2012 Last revised: 17 Sep 2012

See all articles by Christopher Hodges OBE

Christopher Hodges OBE

University of Oxford - Centre for Socio-Legal Studies; Faculty of Law

John Peysner

affiliation not provided to SSRN

Angus Nurse

Nottingham Trent University; Middlesex University; Birmingham City University

Date Written: January 30, 2012

Abstract

This Research Report by the Centre for Socio-Legal Studies, Oxford and Lincoln Law School identifies the current state of (third party) litigation funding in Europe, with extra information on Australia, the U.S.A. and Canada. It sets out findings from a series of interviews with major funders, summarises the legal and commercial rules and situation, and then analyses the main issues of ethical practice that arise. It finds that litigation funding is widespread and growing in a number of jurisdictions. Litigation funding in Europe is currently focused almost exclusively as a bespoke product on commercial and international disputes, and not on small or consumer disputes, or mass claims. The authors analyse potential issues of conflicts of interest that arise with any non-party independent funding of litigation, and note the development of a self-regulatory code approach by litigation funders. They recommend that if litigation funding were to become available for disputes involving consumer or smaller companies risks would increase and formal regulation would be required.

Suggested Citation

Hodges OBE, Christopher and Peysner, John and Nurse, Angus and Nurse, Angus, Litigation Funding: Status and Issues (January 30, 2012). Oxford Legal Studies Research Paper No. 55/2012, Available at SSRN: https://ssrn.com/abstract=2126506 or http://dx.doi.org/10.2139/ssrn.2126506

Christopher Hodges OBE (Contact Author)

University of Oxford - Centre for Socio-Legal Studies ( email )

Manor Road
Oxford, OX1 3UQ
United Kingdom

Faculty of Law ( email )

St Cross Building
St Cross Road
Oxford, OX1 3UL
United Kingdom

John Peysner

affiliation not provided to SSRN

Angus Nurse

Middlesex University ( email )

The Burroughs
London, NW4 4BT
United Kingdom

Nottingham Trent University ( email )

Department olf Criminology and Criminal Justice
50 Shakespeare Street
Nottingham, NG1 4FQ
United Kingdom

Birmingham City University ( email )

School of Social Sciences
City North Campus
Birmingham, West Midlands B42 2SU
United Kingdom

HOME PAGE: http://bcu.academia.edu/AngusNurse

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