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Author: David Horsfall
Publisher: Chartridge Books Oxford
ISBN: 190237536X
Category : Business & Economics
Languages : en
Pages : 161
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Book Description
The funding of litigation is now a major factor in the property industry. This book examines new legal developments in the field in the UK. The book provides technical detail and also practical examples to ensure the manager is in a better position to negotiate with his/her lawyers. The new Court rules combined with the stated aim of Government policy of removing legal aid and at the same time ensuring access of Justice through contingency fees has meant a revolution in the manner of funding litigation. But this has meant an even more acute conflict of interest between solicitor and client because the lawyer needs to be able to recoup funding the action by taking a share of the proceeds of the claim. The commercial client needs to be aware of the parameters to negotiate the conditional fee agreement. The aim of this book is to: provide a clear outline of the meaning of conditional fees and contingency fees; provide an outline of the costs that may be payable under the new regime; provide a breakdown by way of summary of different types of legal insurance available on the open market including after the event insurance; give an overview of the fast-track, small-track and multi-track procedures; relate litigation to service charge recovery programs for residential and commercial property.
Author: David Horsfall
Publisher: Chartridge Books Oxford
ISBN: 190237536X
Category : Business & Economics
Languages : en
Pages : 161
Get Book Here
Book Description
The funding of litigation is now a major factor in the property industry. This book examines new legal developments in the field in the UK. The book provides technical detail and also practical examples to ensure the manager is in a better position to negotiate with his/her lawyers. The new Court rules combined with the stated aim of Government policy of removing legal aid and at the same time ensuring access of Justice through contingency fees has meant a revolution in the manner of funding litigation. But this has meant an even more acute conflict of interest between solicitor and client because the lawyer needs to be able to recoup funding the action by taking a share of the proceeds of the claim. The commercial client needs to be aware of the parameters to negotiate the conditional fee agreement. The aim of this book is to: provide a clear outline of the meaning of conditional fees and contingency fees; provide an outline of the costs that may be payable under the new regime; provide a breakdown by way of summary of different types of legal insurance available on the open market including after the event insurance; give an overview of the fast-track, small-track and multi-track procedures; relate litigation to service charge recovery programs for residential and commercial property.
Author: Steven Friel
Publisher: Bloomsbury Publishing
ISBN: 1526515261
Category : Law
Languages : en
Pages : 492
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Book Description
The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Author: Max Volsky
Publisher:
ISBN: 9780988510500
Category : Actions and defenses
Languages : en
Pages : 268
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Book Description
Alternative assets have become popular in recent years, mainly because they offer superior returns and are uncorrelated to traditional markets. Legal finance also called lawsuit funding, lawsuit loans, pre-settlement funding, tort advances, plaintiff advances, litigation finance, litigation financing, litigation funding or dispute finance refers to investments in lawsuits. Written by a renowned expert, this book is essential reading for investors, consumers, lawyers, policymakers, business executives, and anyone who can benefit from having a clear and comprehensive framework for understanding this industry and its capacity to create more balanced and provident legal systems around the world. Join us as we explore this new market and examine the industry s most poignant issues.
Author: Steven Friel
Publisher: Bloomsbury Publishing
ISBN: 152651527X
Category : Law
Languages : en
Pages : 497
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Book Description
The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.
Author:
Publisher:
ISBN: 9781526515285
Category :
Languages : en
Pages : 0
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Book Description
"The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions."--...
Author: Leslie Perrin
Publisher:
ISBN: 9781838620769
Category :
Languages : en
Pages :
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Book Description
Author: Steven Garber
Publisher: RAND Corporation
ISBN: 9780833049902
Category : Law
Languages : en
Pages : 0
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Book Description
Alternative litigation financing (ALF)--also known as "third-party" litigation financing--refers to provision of capital by parties other than plaintiffs, defendants, their lawyers, or defendants' insurers to support litigation-related activity. This paper describes the ALF industry as of early 2010 and discusses the legal ethics, social morality, and, especially, potential economic effects of ALF.
Author: Willem H. van Boom
Publisher: Taylor & Francis
ISBN: 1317104234
Category : Law
Languages : en
Pages : 262
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Book Description
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Author: Anthony J. Sebok
Publisher: Aspen Publishing
ISBN:
Category : Law
Languages : en
Pages : 864
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Book Description
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Litigation finance sits at the intersection of many well-known subjects within the law school curriculum: contracts, torts, civil procedure, evidence, professional responsibility, insurance, and capital markets. There are no professionally produced materials for a professor who wants to teach an entire semester-long course on litigation finance. This casebook is an attempt to fill that gap. Its ten chapters provide a foundation for a two- or three-credit class, although many of the chapters could also be used individually as supplemental material for a free-standing unit on litigation finance in another course, such as torts, civil procedure, or the law of lawyering. Notwithstanding the fact that the law of litigation finance is rapidly developing as investment in litigation and legal services grows, the cases and other materials contained in this book will remain relevant and useful to anyone trying to teach students about this important new body of law. Benefits for instructors and students: Careful selection of the leading cases in the United States about the development and current law of assignment and litigation finance. Diverse selection of secondary source material, including major law review articles, as well as reports and advocacy materials from supporters and critics of litigation finance. Notes following the readings help the student progress through the materials in a logical and coherent manner.
Author: Radek Goral
Publisher:
ISBN:
Category :
Languages : en
Pages : 44
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Book Description
People litigate for various reasons. Some want to right wrongs, others - make precedents. But most, at least in the civil realm, sue to protect economic interests; and they are motivated by pragmatic considerations rather than abstract notions of justice. One fruit of the mercantile approach to civil litigation is the nascent market where third parties provide financing for litigants (or their lawyers) and profit from a successful resolution of the funded claims. Through the lens of a third-party funder, justice is a mass-market commodity, and its value depends on laws of men and laws of probability alike.The ways of litigation funders create multiple points of tension for the legal process and its participants, and laws on the book offer little guidance on how third-party interests should be treated. Resulting procedural and ethical dilemmas have stirred a debate among scholars who rushed to offer conflicting opinions and advice. Critics demand that litigation investing be banned, calling it a travesty of justice that turns courts into casinos. Enthusiasts want the practice formally recognized, asserting that it levels the playing field for weaker parties.The discussion on litigation financing does not lack vigor; but it does lack hard facts. Drawing from first-hand empirical data on the practice of litigation funding in the United States, this paper explains how the market for legal claims actually works. First, I describe the entire ecosystem of actors who apply the logic of asset management to uncertainties of individual lawsuits - litigants; litigators; funding companies and their investors; and their “entourage” providing additional, specialized services. Then I segment the market and explore different strategies of third-party investing. Finally, I list American litigation funders and group them based on what they do.Based on the descriptive findings, I claim that modern civil litigation engages multiple, often undisclosed stakeholders with complex financial motivations. I argue that such interests should be recognized by the legal system as legitimate and ultimately regulated. The first step in that direction should be making sure that third-party involvement in a dispute is disclosed.
