Third-party litigation funding in the EU
Roma Tre University Rome,
13th September 2024, h 10-18
From a legal perspective, Third-Party Funding Litigation is a contract which has effects on the proceeding between the claimholder (usually, the funded) and the opponent: a third party, with no connection to the litigation, provides the client with funding to cover (all or part of) the cost of litigation in exchange for a share of any proceeds of the litigation. The topic, of worldwide interest, poses itself at the point of intersection between the mercantile approach to Civil Litigation and the initiative promoting (an affordable) access to justice. This synergy between private investors and claimholders faces doubts: enthusiasts state that investing in someone else’s claims providing financial support and betting on the favorable outcome of the dispute is a new approach to the issue of the allocation of costs in civil proceedings (considering that the loser-pays-rule applies in almost all European jurisdictions) and a tool to remove the barriers to access to justice for citizens. Critics, are concerned about the risk of commoditization of justice, of a possible conflict of interest, of the promotion of frivolous claims, and about the asymmetries and the lack of transparency and publicity between the claimholder and the funders (and the judge). Europe is determined to regulate it, but doubts arise between policymakers on the preferrable regulatory approach, whether strong or soft. This international conference would be opportunity to promote a transnational debate among academics, institutions and practitioners on how Third Party Litigation Funding could facilitate access to justice and how it should be regulated in EU.
The conference will be held in person at the Department of Law, Roma Tre University, via Ostiense n. 159, Sala del Consiglio (I Floor). Registration: cledir@uniroma3.it
