Report Procedural Fund for Collective Actions
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: September 14, 2023
On request of the Ministry of Justice, Xandra kramer conducted a study on a procedural fund for collective actions, together with Jos Hoevenaars (Council for the Judiciary/Erasmus University Rotterdam), and Ianika Tzankova and Karlijn van Doorn (Tilburg University).
We carried out research to map developments in collective actions, did quantitative research on WAMCA cases and qualitative research on the funding of collective actions, including on developments in the market and regulation of third party litigation funding in the Netherlands and several other countries. Noteworthy is that all claims for damages so far rely on third party funding. The key question we looked into is to what extent a revolving litigation fund could provide a solution to bottlenecks in the funding of collective actions and how such a procedural fund could be designed. Considering the relatively small number of cases for damages that have been brought under the WAMCA so far and uncertainties in legal practice and regulation, coupled with the complexities to set up such a fund, we conclude that the introduction of a revolving litigation fund seems premature. We make a number of suggestions for further research. The report is available here.
We are preparing an English version of the report to be published by Eleven International Publishing - coming soon!