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.

About the Author

Willem H. van Boom is Professor of Civil Law at at the Institute for Private Law, Leiden Law School, the Netherlands. His research interests include contracts, torts and insurance, consumer law and civil procedure and he has published widely on these and related areas.

Reviews

'This volume represents a major contribution to the emerging literature on litigation costs. It should be of value to academic lawyers, economists and others, as well as those interested in, or responsible for, policy formulation on the funding and management of litigation.'

Paul Fenn, Emeritus Professor, Nottingham University Business School

'This book contains a wealth of information about litigation costs in different jurisdictions. It explores economic dimensions, as well as legal aspects, and discusses various ways of funding collective actions including third party funding.'

Adrian Zuckerman, Emeritus Professor of Civil Procedure, Oxford University, UK

'Modern commercial litigation is marked by a growing number of lawsuits in which considerable amounts of money are claimed. Strategies not only look at the performance and quality of the available court systems but also focus on the possibilities of financing large-scale litigation by third-party funders or by contingency fees, the possibilities of getting their own costs reimbursed and the risk of paying the costs and fees of the other party. This volume takes up these developments and provides for thoughtful insights into an area of procedural and commercial law which has been neglected for a long time. It is highly recommended to all stakeholders in legal practice and science who are involved and interested in these fascinating developments.'

Burkhard Hess, Director, Max Planck Institute, Luxembourg

'This volume represents a major contribution to the emerging literature on litigation costs. It should be of value to academic lawyers, economists and others, as well as those interested in, or responsible for, policy formulation on the funding and management of litigation.'

Paul Fenn, Emeritus Professor, Nottingham University Business School

'This book contains a wealth of information about litigation costs in different jurisdictions. It explores economic dimensions, as well as legal aspects, and discusses various ways of funding collective actions including third party funding.'

Adrian Zuckerman, Emeritus Professor of Civil Procedure, Oxford University, UK

'Modern commercial litigation is marked by a growing number of lawsuits in which considerable amounts of money are claimed. Strategies not only look at the performance and quality of the available court systems but also focus on the possibilities of financing large-scale litigation by third-party funders or by contingency fees, the possibilities of getting their own costs reimbursed and the risk of paying the costs and fees of the other party. This volume takes up these developments and provides for thoughtful insights into an area of procedural and commercial law which has been neglected for a long time. It is highly recommended to all stakeholders in legal practice and science who are involved and interested in these fascinating developments.'

Burkhard Hess, Director, Max Planck Institute, Luxembourg

Book Information
ISBN 9780367024208
Author Willem H. van Boom
Format Paperback
Page Count 246
Imprint Routledge
Publisher Taylor & Francis Ltd
Weight(grams) 453g