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Books on the topic 'Litigation funding'

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Published: 4 June 2021
Last updated: 25 April 2022

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1

Bender, Michael F. Civil litigation funding. Annapolis, Md: Dept. of Legislative Services, Office of Policy Analysis, 2012.

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2

Fennell, Steven. The funding of personal injury litigation. Sheffield: University of Sheffield, Faculty of Law, Institute for theStudy of the Legal Profession, 1994.

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3

Chen, Wenjing. A Comparative Study of Funding Shareholder Litigation. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-3623-1.

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4

Chalk, David J. Risk assessment in litigation: Conditional fee arrangements, insurance and funding. London: Butterworths, 2002.

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5

Institute, Pennsylvania Bar. Third party litigation funding: Leveling the playing field or buying trouble? [Mechanicsburg, Pa.]: Pennsylvania Bar Institute, 2011.

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6

Fennell, Steven. The funding of personal injury litigation: An independent review of the funding of personal injury litigation and of possible proposals for reform, commissioned by the Association of Personal Injury Lawyers. Sheffield [England]: Institute for the Study of the Legal Profession, 1994.

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7

Committee, New Jersey Legislature Senate Judiciary. Public hearing before Senate Judiciary Committee: Assembly concurrent resolution no. 2 (2R) : proposes constitutional amendment to prohibit state from requiring county or municipality to perform new or expanded program or service without full state funding. Trenton, N.J. (162 W. State St., CN 068, Trenton 08625-00): The Committee, 1993.

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8

Sime, Stuart. 2. Funding Litigation. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.003.0107.

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This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements are increasingly common. They allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
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9

Sime, Stuart. 2. Funding Litigation. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.003.0107.

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This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding through legal aid is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
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10

Pirozzolo, Rocco. Litigation funding handbook. Edited by Law Society (Great Britain). 2014.

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11

Sime, Stuart. 2. Funding Litigation. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.003.0107.

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This chapter discusses the issue of funding litigation. Solicitors have a professional duty to advise clients on litigation funding options. The advice and agreed funding method should be confirmed in writing in a ‘client care letter’. Most commercial clients pay their lawyers under the traditional retainer, normally with an agreed hourly rate. Conditional free agreements (CFAs) or ‘no win, no fee’ agreements are increasingly common. They allow a lawyer to agree not to charge the client if the proceedings are unsuccessful, but to charge an uplift or ‘success fee’ of up to 100 per cent over the solicitor’s usual costs if the proceedings are successful. Damages-based agreements (DBAs) are a form of contingency fee agreement under which the lawyer is paid out of the sums recovered in the proceedings. Public funding is restricted to individuals with modest income and capital, and there are wide exclusions from the scheme.
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12

Rowles-Davies, Nicholas, and Jeremy Cousins. Third Party Litigation Funding. Oxford University Press, 2014.

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13

Chen, Wenjing. A Comparative Study of Funding Shareholder Litigation. Springer, 2018.

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14

Chen, Wenjing. A Comparative Study of Funding Shareholder Litigation. Wenjing Chen, 2017.

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15

Chen, Wenjing. A Comparative Study of Funding Shareholder Litigation. Springer, 2017.

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16

Boom, Willem H. van. Litigation, Costs, Funding and Behaviour: Implications for the Law. Taylor & Francis Group, 2016.

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17

Boom, Willem H. van. Litigation, Costs, Funding and Behaviour: Implications for the Law. Taylor & Francis Group, 2016.

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18

Hodges, Christopher J. S., and Magdalena Tulibacka, eds. The Costs And Funding Of Civil Litigation A Comparative Perspective. Hart Publishing (UK), 2010.

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19

LLM, David Chalk. Risk Assessment in Litigation: Conditional Fee Agreements, Insurance and Funding: Conditional Fee Agreements, Insurance and Funding. Butterworths Tolley, 2001.

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20

Layard, David. Litigation Funding for the Property Industry (Chandos Series on Construction & Facilities). Chandos Publishing (Oxford) Ltd, 2000.

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21

Meeran, Richard, and Jahan Meeran, eds. Human Rights Litigation against Multinationals in Practice. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198866220.001.0001.

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This book reviews the current position in this field, which has developed over the past 25 years, designed to hold multinationals to account, legally, for human rights abuses in the Global South. The authors are practising lawyers who have litigated and led prominent cases of legal significance in this field. Although the focus is on the Global North, where most of the cases have been brought—United Kingdom, United States, Canada, Australia, France, Netherlands, and Germany—there is also a chapter on South Africa. The cases cited include claims against parent companies for harm caused by subsidiary operations, claims for corporate complicity in violations perpetrated by States, and claims arising in a supply chain context. Whilst other books have included consideration of the legal aspects of many of the cases, the focus here is on the interrelated strategic and practical, as well as legal, considerations on which viability and prospects of success depend. In addition to questions of jurisdiction, applicable law, and theories of liability, obstacles to justice concerning issues such as access to information, collective actions, witness protection, damages and costs, and funding regimes (including a specific chapter on litigation funding), and issues relating to public pressure and settlement, are discussed. Although most of the authors act for victims, there is a substantial chapter providing the perspectives of business. Since this area of litigation has developed concurrently with, and has formed part of, the rapidly mushrooming field of business and human rights, the contextual relevance of the UNGPs is considered.
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22

Hannibal, Martin, and Lisa Mountford. 9. Funding of Criminal Defence Services and First Appearance Process. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787679.003.0009.

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This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.
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23

Hannibal, Martin, and Lisa Mountford. 9. Funding of Criminal Defence Services and First Appearance Process. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823216.003.0009.

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This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.
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24

Hannibal, Martin, and Lisa Mountford. 9. Funding of Criminal Defence Services and First Appearance Process. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198765905.003.0009.

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This chapter considers the public funding of criminal proceedings and the early stages of the criminal litigation process. Topics discussed include legal aid as a human right; pre-charge advice and assistance; funded representation in court; representation orders; the interests of justice test; means testing and its application to cases tried in the magistrates’ court; the means test as applied to cases triable on indictment; work that can be done under a representation order; acquitted defendants and Defendants’ Costs Order; the future of public funding; and preparing for the first appearance before the magistrates’ court.
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25

Cunningham-Hill, Susan, and Karen Elder. 3. Costs Information to the Client and Funding Options. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823193.003.0003.

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Legal representatives are obliged to give clients the best information possible about the likely costs of pursuing and ultimately resolving disputes, and to discuss with the client the best way of funding the action. This funding advice is inextricably linked to a legal representative’s professional conduct duties highlighted in the Solicitors’ Regulation Authority (SRA) Code of Conduct 2011. This chapter focuses on the information clients need to know about costs in accordance with the SRA Handbook’s Principles and its Chapter 1 on Client Care in the Code, as well as the different types of funding options available that may or may not be offered to a client. This chapter considers important recent changes in the application of costs and funding options in litigation.
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26

Gillespie, Alisdair, and Siobhan Weare. The English Legal System. 8th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198868996.001.0001.

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The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and legal aid. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.
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27

Gillespie, Alisdair, and Siobhan Weare. The English Legal System. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198830900.001.0001.

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The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, and the legal professions. Part III examines the criminal justice system. It begins by looking at police powers and the decision to charge and prosecute a suspect. It describes issues related to lay justice, trials, and criminal appeals, including access to justice and legal aid. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution, as well as the funding of civil litigation. The final part looks to the future.
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28

San Antonio V. Rodriguez And the Pursuit of Equal Education: The Debate over Discrimination And School Funding (Landmark Law Cases and American Society). University Press of Kansas, 2006.

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29

San Antonio V. Rodriguez And the Pursuit of Equal Education: The Debate over Discrimination And School Funding (Landmark Law Cases and American Society). University Press of Kansas, 2006.

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30

Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2016. http://dx.doi.org/10.1093/he/9780198747673.001.0001.

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A Practical Approach to Civil Procedureguides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case ofMitchell v News Group Newspapers.
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31

Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858386.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2020 and the 117th Update. Changes incorporated into the new edition include changes to civil procedure brought about by Brexit, a fuller treatment of the Hague Convention 2005, and a new chapter on remote hearings. Case law developments include the Supreme Court decision on the court's inherent jurisdiction in Dring v Cape Intermediate Holdings Ltd, Lomax v Lomax on compulsory reference to early neutral evaluation, and various cases on quia timet injunctions and qualified one-way costs shifting.
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32

Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198787570.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 4) Rules 2014 and the 71st Update. Changes incorporated into the new edition include the replacement of county courts based on districts with a single County Court; the modernization of the rules relating to enforcing judgments against goods; fixed costs in most fast track personal injury claims; changes to the rules on costs budgeting; and the post-Jackson approach to non-compliance with court orders and directions encapsulated in the landmark case of Mitchell v News Group Newspapers.
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33

Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198823100.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2018 and the 95th Update. Changes incorporated into the new edition include the introduction of the Business and Property Courts and the Online Court, together with the replacement of the Mercantile Court with the Circuit Commercial Court. Among the many recent cases incorporated into the text are the important Supreme Court cases of Barton v Wright Hassall LLP on alternative service and on how the CPR apply to litigants in person, and Goldtrail Travel Ltd v Onur Air Tasimacilik SA on companies seeking to establish an inability to meet a financial condition, which is relevant in a number of areas, including security for costs and appeals.
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34

Sime, Stuart. A Practical Approach to Civil Procedure. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838593.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation and issuing and serving proceedings, through to trial, enforcement, and appeal. Full coverage of alternative dispute resolution is also included. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment) Rules 2019 and the 105th Update. Changes incorporated into the new edition include the pilot scheme for disclosure of documents in the Business and Property Courts. Among the many recent cases incorporated into the text are MacDonald v D & F Contracts Ltd which marks a departure from the traditional approach on whether it is possible to enter a default judgment after late filing of the defence; a number of cases on enforcing the undertakings in damages given in interim injunction applications, costs management and qualified one-way costs shifting, and Supreme Court decision on service against unnamed defendants in Cameron v Liverpool Insurance.
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35

Gillespie, Alisdair, and Siobhan Weare. The English Legal System. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198785439.001.0001.

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The English Legal System presents the main areas of the legal system and encourages a critique of the wider aspects of how law is made and reformed. The book is structured in five parts. Part I looks at the sources of law including domestic and international sources. Part II looks at the courts and the practitioners. It considers the structure of the courts and tribunals, judges and judicial independence, the legal professions, and funding legal services. Part III examines the criminal justice system. It describes issues related to lay justice, trials, and criminal appeals. The next part is about the civil justice system. It looks at civil litigation, remedies, appeals and alternative dispute resolution. The final part looks to the future.
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36

Catherine A, Rogers. Part I Mapping the Terrain, 5 Gamblers, Loan Sharks, and Third-Party Funders. Oxford University Press, 2014. http://dx.doi.org/10.1093/law/9780198713203.003.0006.

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This chapter explores the participation of third-party funders acting within the scope of international arbitration, as well as the criticisms thereof. Popular contention suggests that litigation financing can lead to the corruption or commodification of justice — an issue that history has repeatedly rendered moot. Throughout the years, there has been a close interrelationship between market forces and the legal profession — the linking of business and profession together has even been practiced by such historical greats as Abraham Lincoln. Furthermore, doing away with third-party funding and market forces in general can limit the functions of justice. The better approach is to recognize the often indelible presence of the marketplace in judiciary proceedings, and thereby establish substantive rules and regulations that can narrow down the specific functions the third-party funder is meant to exercise.
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37

Sime, Stuart. A Practical Approach to Civil Procedure. 24th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780192844521.001.0001.

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A Practical Approach to Civil Procedure guides the reader through the procedural requirements employed in the civil courts. The volume provides an overview of the key statutory provisions, rules, practice directions, and case law which govern the various stages of a civil litigation claim. Providing practical guidance, the text charts the progress of a typical civil litigation claim, from funding litigation, the importance of alternative dispute resolution processes, issuing and serving proceedings, case management, and through to trial, enforcement, and appeal. Relevant sample documentation is featured throughout and introduces the forms and documents which will be encountered in practice, while key points summaries featured at the end of chapters highlight the essential points covered. This edition has been revised to incorporate rule changes up to the Civil Procedure (Amendment No 2) Rules 2021 and the 129th Update. Changes incorporated into the new edition include: Pre-action protocol for small claim road traffic accident cases and the new PD 27B; procedural aspects of the tariff system for whiplash injuries under the Civil Liability Act 2018; recent case law on service of claim forms and particulars of claim; revised rules on costs management; changes to the rules on statements of truth; revisions to the chapter on summary judgment, including the cheque rule and the approach taken in summary judgment applications for discretionary remedies; replacement PD 51U on disclosure of documents in the Business and Property Courts; case law developments on legal professional privilege and without prejudice privilege; developments on search orders, and case law on imaging orders; further guidance on remote hearings; and debt respite procedures.
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38

Partington, Martin. Introduction to the English Legal System. 15th ed. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198852926.001.0001.

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Introduction to the English Legal System 2021–2022 has been fully updated to consider the latest developments in the English legal system. The underlying theme is change and the impact of the COVID-19 pandemic and the underlying approach is holistic. Changes to the criminal system (Chapter 5), the administrative system (Chapter 6), the family justice system (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all considered. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9). Ways of funding access to justice and controlling the cost of litigating are considered (Chapter 10), as are the purposes and sources of law (Chapters 2 and 3). Chapter 11 offers a final reflection on a system in flux.
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39

Partington, Martin. Introduction to the English Legal System 2018-19. Oxford University Press, 2018. http://dx.doi.org/10.1093/he/9780198818861.001.0001.

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Introduction to the English Legal System 2018–2019 has been fully updated to consider the latest developments in the English legal system. The focus is on transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all engaged in a process of change designed to enable them to operate more efficiently; this will include major investment in the use of IT in the delivery of court and tribunal services. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9), and the results of enquiries designed to control the cost of litigating are considered (Chapter 10). Progress with Brexit is noted, although its final form and its impact on the English legal system are not yet known (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law society and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice systems; Part IV describes the delivery and funding of legal services; and Part V offers a reflection on the process of transformation and the challenges it should address.
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40

Partington, Martin. Introduction to the English Legal System 2019-2020. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198838838.001.0001.

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Introduction to the English Legal System 2019–2020 has been fully updated to consider the latest developments in the English legal system. The underlying theme is transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil and commercial (Chapter 8) justice systems are all engaged in a process of change designed to enable them to operate more efficiently; this involves major investment in the use of IT to deliver court and tribunal services. Developments in the ways in which the legal profession is regulated are also discussed (Chapter 9), and the results of enquiries designed to control the cost of litigating are considered (Chapter 10). Progress with Brexit is noted, although its final form and its impact on the English legal system are not yet known (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law, society, and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice systems; Part IV describes the delivery and funding of legal services; and Part V offers a final reflection on the process of transformation and the challenges it should address.
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41

Partington, Martin. Introduction to the English Legal System 2017-2018. Oxford University Press, 2017. http://dx.doi.org/10.1093/he/9780198802488.001.0001.

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Introduction to the English Legal System 2017-2018 has been fully updated to consider the latest developments in the English legal system. The theme which dominates the new edition is that of transformation. The criminal (Chapter 5), the administrative (Chapter 6), the family (Chapter 7), and the civil (Chapter 8) justice systems are all starting a process of structural reform designed to enable them to operate more efficiently; this will include major investment in the use of IT in the delivery of court and tribunal services. Major changes to the ways in which the legal profession is regulated are also discussed (Chapter 9), and new enquiries designed to control the cost of litigating are outlined (Chapter 10). The outcome of the referendum on leaving the European Union (Brexit), although noted, is not considered at length: although there will be major change in the future, its form currently not known and for the time being, things remain the same (Chapter 3). The book starts by introducing themes and structure, after which Part II looks at law society and authority and considers the purpose and functions of law. Part III examines the institutional framework and looks into the role of government, the criminal justice system, the administrative justice system, the family justice system, and the civil and commercial justice system; Part IV describes the delivery and funding of legal services; and Part V offers a reflection on the process of transformation and the challenges it should address.
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