Article on litigation funding by Kapatens Partner Johan Skog published by Springer (YSEC Vol III)
10 mar 2023 · av Kapatens

This paper presents a close reading of the European Parliamentary Research Service’s (EPRS), report ‘Responsible private funding of litigation’, which was prepared to assist the Members of the European Parliament with an objective and authoritative analysis of litigation funding and its effects in order to consider implementing policies on a yet unregulated market. The report raises significant concerns with respect to, inter alia, the alleged lack of a clear and comprehensive taxonomy for the litigation funding practice, as well as the perceived risk for frivolous claims and conflicts of interest whereby funders allegedly corrupt justice by influencing funded parties in settlement situations. However, through careful analysis of the report, it is shown in this paper that several critical conclusions on the purported drawbacks of litigation funding set forth in the report are not founded in the research presented in the report itself but rather contradict its actual findings.

Illusory Truths and Frivolous Claims: Critical Reflections on a Report on Litigation Funding by the European Parliamentary Research Service | SpringerLink

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