Tag Archive: consumer protection

No Licensing of Litigation Funders in Australia

There are many proposals for regulating the litigation funding business and many different models for regulatory regimes.  One model calls for treating litigation funders like consumer lenders, subjecting them to certain financial requirements and requiring them to be licensed.  In…
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Small-Scale Litigation Finance Is Not a Threat to Increase Meritless Litigation

One of the many prevalent criticisms of litigation financing is that it will promote more litigation and more unmeritorious litigation.  Those who level this criticism contend that more widely available financing will make it easier for litigants to continue lawsuits…
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Why Litigation Finance Is Not Like Payday Lending

The critics of litigation financing often like to equate making investments in legal claims with issuing “payday” loans.  Through this equation, they contend that litigation financing is an exploitative practice in which uninformed, helpless individuals make unfair bargains with powerful,…
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Beyond Champerty: Why Old Doctrines Aren’t Necessary to Regulate Third-Party Funding

As noted before in this blog, the common law doctrines of champerty and maintenance have long been used to prohibit third parties from financing the legal costs of one of the parties in a litigation matter.  In many situations, the…
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