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Persistent link: https://www.econbiz.de/10002126974
We present, for the first time, a model of recent institutional developments in litigation funding across several European jurisdictions. Recognizing the financing constraints that British cost rules may impose on litigants, these new contractual arrangements combine contingency fees with third...
Persistent link: https://www.econbiz.de/10001718748
This paper analyzes the impact of FORIS contracts on litigation and settlement decisions using a simple divergent-expectations model. A FORIS contract introduces contingent fee arrangements under the British legal cost allocation rule: the plaintiff pays a percentage of his settlement or trial...
Persistent link: https://www.econbiz.de/10001725323
The question of third-party access to the networks has become central to the debate around the liberalisation of the European electricity markets due to the natural monopoly characteristic of the transmission network. The European Union's electricity directive provides three institutional...
Persistent link: https://www.econbiz.de/10001725500
The paper shows that Legal Cost Insurance (LCI) is a device to enhance potential litigants' bargaining position rather … the case goes to trial. This shifts the threat points, which has an impact on the bargaining result. In negative expected …
Persistent link: https://www.econbiz.de/10001725509
Persistent link: https://www.econbiz.de/10001807865
The theory of competition as a discovery procedure argues that the results of this procedure cannot be predicted because of its very nature as a discovery procedure. If this were true, this would imply the impossibilty of testing whether competition actually works as predicted. This article...
Persistent link: https://www.econbiz.de/10001725436