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Third-Party Funding: Trends, Developments and the Future

The team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law, Erasmus University (Rotterdam), have organised an online research seminar ‘Third Party Funding: Trends, Developments and the Future.’ This seminar will take place on 7 December 2022 at 10-13 CET via Zoom.

The seminar will include two presentations on two of the articles in the recently published special issue of Erasmus Law Review, edited by Vici members Professor Xandra Kramer (Erasmus School of Law) and Associate Professor Masood Ahmed (University of Leicester, UK) on Global Developments and Challenges in Costs and Funding of Civil Justice. Dr David Capper (Queen’s University, Belfast) and Professor Michale Legg (UNSW, Sydney) will present their respective papers on third party funding in Australia and Ireland.

This seminar will start with the launch of the new book Frontiers in Civil Justice - Privatisation, Monetisation and Digitisation (Elgar 2022); an edited collection of essays from the ERC project Building EU Civil Justice. The book studies three interrelated frontiers in civil justice from a European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitisation of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

Event program:

Title: Third Party Funding: Trends, Developments and the Future

9.45 – 10.00: Registration / Zoom Connection

10.00 - 10.15: Xandra Kramer and Stefaan Voet (Erasmus School of Law, KU Leuven):

Welcome, Introduction and Book Launch Frontiers in Civil Justice - Privatisation, Monetisation and Digitisation

10.15 - 10.30: Masood Ahmed (University of Leicester, UK)

Introduction and background on the special issue of Erasmus Law Review Global Developments and Challenges in Costs and Funding of Civil Justice

10.30 – 10.45: Adrian Cordina (Erasmus School of Law)

Introduction on TPF in Europe and beyond

10.45 - 11.15: Michael Legg (UNSW Sydney)

The Rise and Regulation of Litigation Funding in Australian Class Actions

11.15 - 11.30: Break

11.30 – 12.00: David Capper (Queen’s University Belfast)

Litigation Funding in Ireland

12.00 - 12.15: Discussion and Conclusion of the Seminar

Speakers’ bio:

Michael Legg

Michael Legg is a Professor in the Faculty of Law & Justice at the University of New South Wales, Sydney, Australia. Michael’s research interests include case management of complex civil litigation, regulatory litigation, class actions and litigation funding. He is the author of Case Management and Complex Civil Litigation (2d ed, 2022) published by Federation Press and Public and Private Enforcement of Securities Laws - The Regulator and the Class Action in Australia’s Continuous Disclosure Regime published by Hart (2022), co-author of Corporate Misconduct and White-Collar Crime in Australia (Thomson Reuters, 2022), Civil Procedure in New South Wales (Thomson Reuters, 4th ed 2020) and Australian Annotated Class Actions Legislation (LexisNexis, 2d ed 2018). Michael is a Fellow of the Australian Academy of Law, a member of the Law Society of New South Wales’ Future Committee and the Law Council of Australia’s Class Actions Committee. He is admitted to practice in Australia (NSW) and the United States (New York Bar). He holds law degrees from UNSW (LLB), the University of California, Berkeley (LLM) and the University of Melbourne (PhD).

David Capper

Dr David Capper studied Law at Queen’s University Belfast and Cambridge University from 1978 to 1984. He was a practising member of the Bar of Northern Ireland from 1984 until 1989 when he was appointed to a Lectureship in Law at Queen’s. He is now Reader in Law, teaching and writing in the fields of Private Law, Civil Procedure and Remedies. He has held visiting positions at the University of Detroit Mercy and Fordham University.

Dr Capper first became interested in access to justice and the funding of civil litigation when serving as member (1995-2001) and vice-chair (1997-2001) of the Lord Chancellor’s Legal Aid Advisory Committee for Northern Ireland. He is the sole author of two books, on Mareva Injunctions and the Enforcement of judgments in Northern Ireland, respectively, as well as around 50 law review publications. Currently he is co-editor of the Northern Ireland Legal Quarterly.

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EU flag ERC logo

Published: February 24, 2020

On Friday 21 February 2020, the team of the ERC project Building EU Civil Justice organised a seminar on European Cross-Border Procedures. Guests of this seminar were nine students from the Sigmund Freud University Vienna. The aim of this event was to create an international outlet where students would discuss topics related to the theme of the seminar and receive feedback from senior academics.

Before joining the Seminar, the students prepared a presentation which they presented and discussed at the Austrian Ministry of Justice, EU institutions in Brussels and the Hague Conference on Private International Law. The Erasmus School of Law was the last stage of this trip and the Building EU Civil Justice team gladly accepted to discuss with the students.

The Seminar was opened by Prof. Xandra Kramer, the leader of Building EU Civil Justice, and Florian Heindler, assistant professor at the Sigmund Freud University who was accompanying the students. After these warm greetings, Alina Ontanu gave a short lecture on Access to Justice via e-Handling of Cross-border Procedures. Next, Felix Gruber, Sarah Kremser, and Mariella Sturz presented respectively their research on the amendment of the EU Evidence Regulation in the light of IT, the amendment of the EU Service Regulation in the light of IT, and the impact of the Hague Service Convention on Austria. Priskila Pratita Penasthika form the ESL commented on their presentation and gave some feedback.

Emma van Gelder started the second half of the seminar with a lecture on online dispute resolution in Europe. Her lecture was followed by the presentations of Stella Galehr, Tessa Grosz, and Tanja Pfleger who respectively presented on the liability of states and private entities in relation to the use of IT in international legal cooperation, non-discriminatory access to IT-based judicial infrastructure, and questions of data protection in judicial cooperation under the Hague Adults Convention. For this panel, Betul Kas served as discussant and moderator. In the last panel of this seminar, Julius Merhaut, Simon Kirschner, and Andrea Szell presented while Erlis Themeli provided feedback. The presentations of these students focused on iSupport status quo and further perspectives, possibilities and risks of IT for a uniform commercial register, and the EIO - The implementation of the Directive 2014/41/EU (Int adm law).

In the end, those attending the seminar joined a small reception where they expressed their gratitude for the organisation and in particular for Erlis and Florian who coordinated it. Considering the positive experience, the Austrian guests wish to see similar events more often in the future. The Building EU Civil Justice team is more than happy to host and help organising similar events in the future.