As the pace of adoption of litigation funding continues to grow across Europe, so too does the debate around the level and scope of regulation needed to ensure that this burgeoning sector is able to flourish without unethical practices becoming commonplace. Industry leaders alongside government and regulatory officials continue to work together to find a best path forward for an adequate framework across the continent.
An LFJ Conversation with Michael Kelley, Partner, Parker Poe
As the pace of adoption of litigation funding continues to grow across Europe, so too does the debate around the level and scope of regulation needed to ensure that this burgeoning sector is able to flourish without unethical practices becoming commonplace. Industry leaders alongside government and regulatory officials continue to work together to find a best path forward for an adequate framework across the continent.
Andrina Cordina, PhD researcher at Erasmus School of Law, provided an informative update on the latest discussions and developments in an article for Conflicts of Laws. Cordina outlined the latest insights from thought-leaders at The Future Regulation of Third-Party Litigation Funding in Europe conference, where speakers discussed pressing issues for upcoming regulation including disclosure requirements, litigation costs and the purported risks of excessive litigation resulting from an increased use of third-party funding.
Cordina also highlighted the recent launch of a third-party litigation funding project by the European Law Institute, which over the course of the next two years seeks to establish a core set of principles to be used when assessing the merits of engaging in a third-party funding agreement. Finally, Cordina also spotlights a recent special edition of the Erasmus Law Review dedicated to legal funding, with insights including the differing nuances of litigation funding in individual European jurisdictions versus the role of the European Union’s legal framework.
