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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...
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This paper presents a modification of the inspection game: The "Bayesian Monitoring" model rests on the assumption that judges are interested in enforcing compliant behavior and making correct decisions. They may base their judgements on an informative but imperfect signal which can be generated...
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The Condorcet jury-theorem is derived from the implicit assumption that jury members may only commit one type of error. In binary decision situations however, two error types may occur, the probability of which is independent of each other. Taking this into account leads to a generalization of...
Persistent link: https://www.econbiz.de/10003337753
The paper provides an introduction to market economy. In comparison to other economic systems, the most important difference appears to be the existence of market prices which are created spontaneously. Hence, prices do not only provide an incentive system, but also aggregate dispersed...
Persistent link: https://www.econbiz.de/10003400040
Legal Cost Insurance (LCI) is not only a device to reallocate risk, but also to enhance an insured's position in a settlement negotiation. The paper points out that this function of LCI is especially important in cases that have a negative expected value for potential plaintiffs. Hence LCI is of...
Persistent link: https://www.econbiz.de/10003187002