Litigation, Costs, Funding and Behaviour : Implications for the Law

This collection examines the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures. The book examines subjects such as cost rules, funding arrangements and their influence on the behaviour of litigants, courts and policymakers. The contributors include renowned scholars, each expert in their respective field and well versed in both civil procedure and the practice of litigation, arbitration and finance. Together, they guarantee a broad approach to the issues of costs, cost shifting rules and third party funding and how these impact on the proceedings, dynamics and strategies of litigants.

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.