Affordable Access to Justice
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.
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
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).
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.
Meet our Vici team members and advisory board
Prof. dr. Xandra Kramer
I am the project leader and professor of private law (focus on civil justice) at the Erasmus School of Law, Erasmus University Rotterdam; professor of private international law at the Faculty of Law, Economics and Governance of Utrecht University; and Deputy Judge in the District Court of Rotterdam. I am an elected member of the Netherlands Royal Academy of Arts and Sciences (KNAW), the Institut de Droit International (IDI) and of the European Law Institute (ELI) Council. My alma mater is Leiden University. In the law area, I am fascinated by the crossroads between procedural justice and economic efficiency, including cost and funding; the functioning of civil justice systems; justice innovation and digitisation; transnational complex litigation; and the harmonisation of European private international law and civil procedure (see also xandrakramer.eu). My mission is to improve access to civil justice for all, and in a tailor-made jacket. In daily life, I am inspired, intrigued, and moved by people, the beauty of nature, (non law) books, and music.
Email: email@example.com | Phone: +31 (0)10 408 1628
Dr. Eva Storskrubb
I am a Associate Professor (Docent) and Senior Lecturer (Lektor) in procedural law at Uppsala University (Sweden) and appointed as Associate Professor at Erasmus School of Law for one day per week on the Vici project. I hold an LL.L degree from the University of Helsinki and a Ph.D. from the European University Institute in Florence. I have practiced in the field of international commercial dispute resolution for many years but I am since June 2021 a full-time academic. My research focuses on EU procedural law, civil justice and transnational dispute resolution in civil and commercial matters including private international law. My current research project focuses on interim relief and the European Account Preservation Order. I was co-reporter for two working groups, on service of documents and on litigation costs in the project European Rules of Civil Procedure of the European Law Institute (ELI) and UNIDROIT (2014-2019). In the context of the Vici project I aim to amongst others examine issues related to litigation insurance in the Nordic countries. I am also interested in litigation funding issues at the EU level. I am also co-supervisor for doctoral candidate Eduardo Silva de Freitas.
Dr. Carlota Ucin
I am a postdoc researcher at the Erasmus School of Law, Erasmus University Rotterdam, working on the subproject: From public to private funding. I graduated in Law in Argentina, where I also specialized in Procedural Law. I have my Master degree in Argumentative Theory (Alicante University, 2011). My main theoretical interests are in the intersection among Procedural Law, Legal Theory and Human Rights. In 2016 I defended my PhD thesis on collective redress and social rights enforcement introducing the Public Interest Litigation perspective (Buenos Aires University, 2016). Before joining Erasmus School of Law, I lived in Argentina and worked in the Buenos Aires Supreme Court for more than 10 years. I was also a Professor in Civil Procedure at La Plata University and Palermo University. In the former, I also founded the Public Interest Review for disseminating this form of litigation. Apart from being very passionate about Law and Legal Theory, I also enjoy contemporary art. In this vein, I like writing poetry and I am also a contemporary dance performer.
Adriani Dori LLM
I am a postdoc researcher at the Erasmus School of Law, working on the VICI project “Affordable access to justice” (Subproject 2, Cost mechanisms). I obtained a Law degree and an LL.M. in Civil Procedural Law, Civil Law and Legal History from the Democritus University of Thrace (Greece), and a second LL.M. in German and European Procedural Law from the Ruprecht Karl University of Heidelberg (Germany). At the moment, I am finalising my PhD on the European Commission’s Justice Scoreboard and its impact on domestic reforms processes. Before joining the Erasmus School of Law, I have worked as a research fellow at the Institute for Comparative Law, Conflicts of Law and International Business Law in Heidelberg (2011-2012), as a researcher at the Max Planck Institute Luxembourg for Procedural Law (2012-2020), as a Greek law expert in Greece (Athens Bar Association) and Germany, and I have given lessons at the University of Luxembourg. My main research interests include comparative and European procedural law, private international law, empirical legal studies, justice reforms, and new governance techniques in the European AFSJ. In my free time, I love to cook for friends, to get lost on the Internet, and to create law-related memes. I also like sports, but I am increasingly playing them only on my PlayStation.
Eduardo Silva de Freitas LLM
I am a PhD candidate at the Erasmus School of Law, Erasmus University Rotterdam, working on the subproject Crowdfunding civil justice. I studied for my LLB Qld at Universidade do Vale do Itajaí, obtained my first LLM in corporate and commercial law at the University of Sheffield (November 2019, distinction) and my second LLM in international and European business law at KU Leuven (July 2020, magna cum laude). I worked as a junior associate at a local law firm in the southern Brazilian state of Santa Catarina, where I handled cases that touched upon several areas of private law, focusing on family law and consumer credit law as well as private law instruments deriving from banking regulation such as contract interpretation, contract nullity and damages. During my bachelor studies, I was awarded undergraduate research fellowships to conduct projects on the constitutional aspects of the right to education and on the challenges that globalization poses for human dignity. I was admitted to the Santa Catarina branch of the Brazilian Bar in 2018, where I am a member of the constitutional law commission. In my free hours I update myself on current issues in Brazilian law and politics.
Adrian Cordina LLM
I am a PhD candidate at the Erasmus School of Law, Erasmus University Rotterdam, working on the ‘Funding and who decides?’ subproject. In 2017, I completed the Bachelor of Laws and the Master of Advocacy at the University of Malta. The following year (2018) I obtained the LL.M. ‘European Master in Law and Economics’ at the University of Bologna, Erasmus University Rotterdam and the University of Hamburg and was admitted to the Bar of Malta in 2019. Besides some English language teaching and a couple of legal internships during my studies, I worked in corporate law at KPMG Malta between 2018 and 2020. I have a deep interest in the intersections between law, economics and human rights. In my spare time I enjoy football, cycling and yoga.
I am a Double Degree Business Administration and Law student at the Erasmus University Rotterdam. I graduated the Business Administration bachelor in ’20/’21 with honour. In ’21/’22 I’m studying French law for a semester at Université de Paris-Descartes to be able to compare the Dutch and French judiciary systems and to improve my linguistic proficiency in French. In the second semester I will continue my bachelor in Rotterdam. I support the ERC and Vici groups in their researches by facilitating the work of the researchers by for example finding and grouping jurisprudence or checking footnotes and formatting. In my spare time I love to conversate with friends as well as new people, get to know new places in the world, reading books and enjoying nature.
Dr. Masood Ahmed
I am an Associate Professor at the University of Leicester (UK). I read law at the University of Cambridge (Sidney Sussex College) and completed my Postgraduate Diploma in Legal Practice at Cardiff University. I qualified as a solicitor at an international commercial law firm and focused on commercial dispute resolution (including international commercial arbitration and mediation) and commercial transactional work. I have written extensively on the English civil justice system and have been involved in implementing key civil justice reforms including the Jackson Reforms on Civil Litigation Costs and the Briggs Civil Courts Structure Review. I am a member of the Civil Procedure Rule Committee and work closely with senior members of the judiciary and leading practitioners in drafting procedural rules and implementing reform projects. I am also the ADR and case note editor for the Civil Justice Quarterly; commentator of the Civil Procedure Rules; and editorial member of the Journal of Personal Injury Law. At the Leicester Law School, I convene the Dispute Resolution Research Cluster and convene the Civil Justice Systems and ADR stream for the Socio-Legal Studies Association (SLSA) Annual Conference. I was a visiting professor in international commercial arbitration at Masaryk University (Czech Republic).
Our advisory board offers expertise on national law and specific topics of our research, gives feedback on our activities, and supports in the design and implementation of empirical research where necessary. The members of our advisory board are:
Executive Director of the Max Planck Institute Luxembourg for International, European and Regulatory Procedural Law; Professor in Civil Law, Civil Procedure, Private International Law, European Law and Public International Law (Faculty of Law, Heidelberg University). His research interests include European civil procedural law; German civil procedural law.
Professor of Justice Systems, and head of the Swiss Re/CMS Research Programme on Civil Justice Systems, Centre for Socio-Legal Studies, University of Oxford. His research interests include Civil Justice Systems (procedural and funding systems); Multi-Party Actions (class actions and representative/collective actions); EU Regulation of Products; Healthcare law; Product liability; and Consumer law.
Professor in Empirical Legal Studies at the Erasmus School of Law of the Erasmus University Rotterdam at which university he is also an associate professor of sociology at the Faculty of Social and Behavioural Sciences. His research focuses on the legitimization, implementation, and enforcement of laws and policies.
Associate Professor of Italian Civil Procedure and Comparative Civil Procedure; Scientific Director of the post-graduate program for the training of mediators and ADR professionals, Department of Law, University of Pavia. Her research interests include collective redress; ADR; and the structure of EU judicial systems.
Senior Judicial Institute Fellow, Faculty of Laws, University College, London; barrister; previously Principal Legal Adviser to the Lord Chief Justice of England and Wales and the Master of the Rolls. His research interests include the operation of Civil Justice Systems; procedural reform and innovation; and, the philosophy of litigation. He is, amongst other things, the assistant editor of The White Book, the leading commentary on English and Welsh civil procedure.
Professor of Class Actions and Mass Claim Dispute Resolution at Tilburg University (the Netherlans). She currently serves as the Interim Academic Director of the Global Law Bachelor where she developed and teaches the course on Civil Procedure and Global Dispute Resolution. She complements her academic research and teaching with an active practice focusing on transnational litigation, litigation project management and alternative dispute resolution.