Seminar Series Trends and Challenges in Costs and Funding of Civil Justice - First Seminar
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: November 30, 2021
From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law organizes an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.
First session: Access to Justice and Costs and Funding of Civil Litigation
On 15 December 2021, the series kicked off with a general session that will address several topics of access to justice and costs and funding, including collective redress and costs reforms, and presented a present a Law & Economics perspective.This first session was combined with the launch of the book New Pathways to Civil Justice in Europe (Springer, 2021) that resulted from an earlier conference organized by the ERC project team.
Judith Resnik (Yale University) who authored the concluding chapter (available open access), among others, discussed the question from which perspective to understand the civil legal system so as to make judgments about whether a system is just or unjust.
Ianika Tzankova (Tilburg University) focused on access to justice against the background of trends in global dispute resolution where big players are shaping the future, and the funding of litigation.
John Sorabji (University College London) zoomed in on developments in costs and funding of civil justice, including the move to recoverable fees, the upcoming review of the Jackson costs reform and funding of representative actions.
Louis Visscher (Erasmus School of Law) presented a Law & Economics perspective on costs and funding, including rational apathy, risk aversion and agency problems.
The seminar was introduced and moderated by Xandra Kramer, PI of the Vici and ERC projects at Erasmus School of Law.