Conference Recap: “Sustaining Access to Justice in Europe: New Avenues for Costs and Funding”
News
Out now: Financing Collective Actions in The Netherlands
The book Financing Collective Actions in the Netherlands: Towards a Litigation Fund? has just been published (Eleven International Publishing 2024) and is available open access. The book is authored by the Rotterdam Vici team members Xandra Kramer and Jos Hoevenaars, and Ianika Tzankova and Karlijn van Doorn (both TilbUniversity). It is an English and updated version of a Study commissioned by the Dutch Research and Documentation Centre of the Ministry of Justice, published in September 2023. It discusses developments in Dutch collective actions from a regulatory perspective, including the implementation of the RAD, and contains a quantitative and qualitative analysis of cases that have been brought under the WAMCA. It examines funding aspects of collective actions from a regulatory, empirical and comparative perspective. It delves into different funding modes, including market developments in third party litigation funding, and addresses the question of the necessity, feasibility, and design of a (revolving) litigation fund for collective actions.
A launch event and webinar will take place on 3 July from 15-17.15 hrs CET. Registration for free here.
Published: October 24, 2023
Conference Recap: “Sustaining Access to Justice in Europe: New Avenues for Costs and Funding”
We are thrilled to announce the successful completion of our much-anticipated conference, “Sustaining Access to Justice in Europe: New Avenues for Costs and Funding”, which took place on 19-20 October 2023. This two-day event brought together esteemed legal professionals, scholars, and researchers from around the world to engage in profound discussions on the critical issues surrounding litigation funding methods and their impact on various stakeholders.
Day 1 Highlights:
The conference commenced with an enlightening keynote speech by Rachael Mulheron. Her comprehensive and critical overview of litigation funding methods provided valuable insights into their implications for all actors involved in legal proceedings.
Moderated by Ianika Tzankova, Panel 1: Emerging Trends in Litigation Funding: Crowdfunding, Third-Party Funding, and Beyond delved into the advantages, challenges, and potential risks associated with these alternative funding avenues. Alan Uzelac, Alexandre Biard, Maria José Azar-Baud, and Thomas Stouten engaged in thoughtful discussions, exploring the broader implications of litigation funding from the perspectives of civil procedure, consumer organisations and arbitration.
Under the insightful moderation of María Carlota Ucín, Panel 2: Altruistic Ventures: Balancing Profitability and Social Impact – Myth or Reality? examined the delicate balance between profitability and social impact in funding public interest litigation, after an introductory video. Thomas Kohlmeier, Magdalena Tulibacka, Jelle Klaas, Katherine Mulhern, and Giuseppe Farchione participated in a dynamic living room-style discussion, shedding light on the complexities of this intersection from the viewpoint of human rights, commercial funders and (idealistic) funding platforms.
The first day concluded with Panel 3: Early Career Researchers’ Presentations, moderated by Eva Storskrubb. The panel featured enlightening presentations by David Markworth on innovative approaches to enforcing consumer claims in the German legal services market and Dani Habel’s exploration of crowdfunding in class actions.
Day 2 Highlights:
The second day commenced with Panel 4: Current and Future Trends of ADR and ODR Procedures within the Modern Civil Justice System, featuring insightful presentations by Emma Coleman, Dorcas Quek, and Emma van Gelder. Moderated by Masood Ahmed, this panel provided diverse perspectives on Alternative Dispute Resolution (ADR) in England and Singapore and experiences with Online Dispute Resolution (ODR) procedures in the Netherlands, highlighting the evolving landscape of dispute resolution methods and cost repercussions.
The conference reached its zenith with a compelling keynote speech by Andreas Stein. Stein provided a thoughtful analysis of the EU’s role in regulating litigation funding concerning representative actions in particular, tracing past developments and outlining future prospects following the EP Resolution.
In the closing Panel 5: Entrepreneurial Lawyering: Lawyers as Gatekeepers or Market Players?, an engaging discussion ensued under the moderation of Stefaan Voet. Anthony Sebok, Catherine Rogers, Panagiotis Perakis, and Wieger Wielinga explored the evolving role of lawyers as market players, delving into its legal, economic, and ethical implications, including the role of third-party funding in shaping this landscape.
In retrospect, our conference “Sustaining Access to Justice in Europe: New Avenues for Costs and Funding” stands as a testament to the vitality of ongoing dialogues in the field. The profound insights shared, and discussions held during these two days have undoubtedly contributed significantly to our understanding of the complex dynamics surrounding litigation funding.
We extend our heartfelt gratitude to all speakers, moderators, attendees, and organizers whose collective efforts made this conference a resounding success.