Litigation funding, or third-party financing of legal disputes, has emerged as a transformative mechanism within modern legal systems, presenting both opportunities and challenges. This study provides a detailed exploration of litigation funding across key jurisdictions, including the European Union, United Kingdom, United States, and Asia-Pacific, with an emphasis on regulatory frameworks, market behaviours, and economic implications. The volume traces the historical foundations of litigation funding, from doctrines such as champerty and maintenance, to its current role as a tool for enhancing access to justice. At the same time, it examines the ethical, procedural, and economic dilemmas posed by the involvement of third-party financiers in legal proceedings. Special attention is given to regulatory responses, varying approaches to transparency, and the interplay between private investment and public legal norms. By integrating legal analysis with comparative perspectives, this work offers valuable insights for scholars, practitioners, and policymakers seeking to understand the complexities of litigation funding and its broader implications for the legal order.
Pellegrini, F. (2025). Understanding Litigation Funding Comparative Perspectives on Regulation, Market Behaviour, and Economic Consequences. Milano : FrancoAngeli.
Understanding Litigation Funding Comparative Perspectives on Regulation, Market Behaviour, and Economic Consequences
Francesca Pellegrini
2025
Abstract
Litigation funding, or third-party financing of legal disputes, has emerged as a transformative mechanism within modern legal systems, presenting both opportunities and challenges. This study provides a detailed exploration of litigation funding across key jurisdictions, including the European Union, United Kingdom, United States, and Asia-Pacific, with an emphasis on regulatory frameworks, market behaviours, and economic implications. The volume traces the historical foundations of litigation funding, from doctrines such as champerty and maintenance, to its current role as a tool for enhancing access to justice. At the same time, it examines the ethical, procedural, and economic dilemmas posed by the involvement of third-party financiers in legal proceedings. Special attention is given to regulatory responses, varying approaches to transparency, and the interplay between private investment and public legal norms. By integrating legal analysis with comparative perspectives, this work offers valuable insights for scholars, practitioners, and policymakers seeking to understand the complexities of litigation funding and its broader implications for the legal order.| File | Dimensione | Formato | |
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Understanding litigation funding 2025.pdf
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Postprint / Author's Accepted Manuscript (AAM) - versione accettata per la pubblicazione dopo la peer-review
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Licenza per Accesso Aperto. Creative Commons Attribuzione - Non commerciale - Non opere derivate (CCBYNCND)
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