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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/10010296888
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/10010296961
Persistent link: https://www.econbiz.de/10001807865
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
Persistent link: https://www.econbiz.de/10015141579
Persistent link: https://www.econbiz.de/10001456615
Persistent link: https://www.econbiz.de/10001456617
The paper shows that Legal Cost Insurance (LCI) is a device to enhance potential litigants? bargaining position rather than to re-allocate risk. Being insured decreases the cost an insured party has to bear if settlement negotiations fail and the case goes to trial. This shifts the threat...
Persistent link: https://www.econbiz.de/10010296950
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