首页    期刊浏览 2024年11月06日 星期三
登录注册

文章基本信息

  • 标题:"Third Party Contingency" contracts in settlement and litigation.
  • 本地全文:下载
  • 作者:Roland Kirstein ; Neil Rickman
  • 期刊名称:Discussion Paper / Center for the Study of Law and Economics, Saarbrücken
  • 出版年度:2003
  • 卷号:1
  • 出版社:Center for the Study of Law and Economics
  • 摘要:

    We present, for the first time, a model of recent institutional developments in litigation funding across several European jurisdictions. Recognizing the financing constraints that British cost rules may impose on litigants, these new contractual arrangements combine contingency fees with third party cover for cost in the event of losing the case: we call these ``Third Party Contingency" (TPC) contracts. Signing a TPC contract can make filing a suit credible and may increase settlement amounts. This does not, however, increase the likelihood of going to trial, since TPC contracts are only of mutual benefit to the plaintiff and the third party when the case settles out of court. We also find that the mere availability of TPCs may generate the above strategic effect.

  • 关键词:Contingent fees, British cost allocation rule, Legal Cost Insurance, strategic moves
国家哲学社会科学文献中心版权所有