Click here to download the Litigation funding 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 21 jurisdictions are covered in this report:

Australia; Austria; Bermuda; Brazil; Cayman Islands; England & Wales; Germany; Hong Kong; Ireland; Israel; Korea; Mauritius; Netherlands; New Zealand; Poland; Singapore; Spain; Switzerland; United Arab Emirates; United States — New York; United States — other key jurisdictions.

Questions

The set of questions relating to the topic of litigation funding and answered by the guide for each jurisdiction covered include:

• • Is third-party litigation funding permitted? Is it commonly used?
• • Are there limits on the fees and interest funders can charge?
• • Are there any specific legislative or regulatory provisions applicable to third-party litigation funding?
• • Do specific professional or ethical rules apply to lawyers advising clients in relation to third-party litigation funding?
• • Do any public bodies have any particular interest in or oversight over third-party litigation funding?
• • May third-party funders insist on their choice of counsel?
• • May funders attend or participate in hearings and settlement proceedings?
• • Do funders have veto rights in respect of settlements?
• • In what circumstances may a funder terminate funding?
• • In what other ways may funders take an active role in the litigation process? In what ways are funders required to take an active role?
• • May litigation lawyers enter into conditional or contingency fee agreements?
• • What other funding options are available to litigants?
• • How long does a commercial claim usually take to reach a decision at first instance?
• • What proportion of first-instance judgments are appealed? How long do appeals usually take?
• • What proportion of judgments require contentious enforcement proceedings? How easy are they to enforce?
• • Are class actions or group actions permitted? May they be funded by third parties?
• • May the courts order the unsuccessful party to pay the costs of the successful party in litigation? May the courts order the unsuccessful party to pay the litigation funding costs of the successful party?
• • Can a third-party litigation funder be held liable for adverse costs?
• • May the courts order a claimant or a third party to provide security for costs?
• • If a claim is funded by a third party, does this influence the court’s decision on security for costs?
• • Is after-the-event (ATE) insurance permitted? Is ATE commonly used? Are any other types of insurance commonly used by claimants?
• • Must a litigant disclose a litigation funding agreement to the opposing party or to the court? Can the opponent or the court compel disclosure of a funding agreement?
• • Are communications between litigants or their lawyers and funders protected by privilege?
• • Have there been any reported disputes between litigants and their funders?
• • Are there any other issues relating to the law or practice of litigation funding that practitioners should be aware of?