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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.

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Published: June 4, 2021

In this paper, Carlota Ucín argues that the claims that seek to enforce social rights may find it difficult to prove the facts that support them. This can be explained by the indeterminacy of the normative statements and by the asymmetry in access to public information. As she claims, presumptions can alleviate evidentiary difficulties, with a clear benefit on access to justice for these cases.