Tuil, Mark; Visscher, Louis --- "New Trends in Financing Civil Litigation in Europe" (Edward Elgar Publishing, 2010) [2010] ELECD 843

Editor(s): Tuil, Mark; Visscher, Louis

Title: New Trends in Financing Civil Litigation in Europe

Sub-title: A Legal, Empirical, and Economic Analysis

Series: New Horizons in Law and Economics series

Topics: Law and Economics; European Law

Publisher: Edward Elgar Publishing

Date of Publication: 28 December 2010

Number of pages: 224

ISBN (hard cover): 9781848446854

EISBN: 9781849808965

Abstract/Description:

This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments – including cost shifting, fee arrangements, legal expense insurance and group litigation.

The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.

This insightful book will appeal to academics and postgraduates in the fields of private law and law and economics. Law firms and insurance companies offering legal expense insurance will also find this book a valuable read.