Applying Third Party Litigation Funding in the Civil Law System

Author: Narong Kiettikunwong
Publisher: Springer-Verlag
ISBN: 9789819570515
Published In: May 2026
Format: Hardback
Jurisdiction: Singapore ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,462.00

Download Order Form

Add to Wishlist
| Add to Compare

Description
Contents

Details

This book provides a clear and in-depth analysis of Third-Party Litigation Funding (TPLF) in civil-law systems, with a primary focus on the European Union and comparative insights from Southeast Asia. Drawing on selected case studies and doctrinal analysis, it examines how litigation funding has evolved from a traditionally prohibited practice into an increasingly visible, yet still contested, feature of contemporary civil justice. As litigation costs continue to rise and collective redress mechanisms expand, TPLF has emerged as a practical means of enabling claims that might otherwise never reach the courts. At the same time, courts and policymakers remain cautious about third-party involvement in litigation, particularly where questions of control, transparency, fairness, and public policy arise. The lack of clear and consistent legal standards across jurisdictions has produced fragmented regulatory approaches and ongoing legal uncertainty, especially in relation to champerty, claim assignment, and the proper scope of judicial oversight. The book explains how and why courts in different EU jurisdictions permit, limit, or refuse claims involving TPLF, and clarifies the legal reasoning and policy considerations that underpin these decisions. It also addresses the particular challenges posed by funded collective and competition actions, where courts must carefully balance improved access to justice against the risk of excessive commercialisation of litigation.

Overall, the book offers a structured and principled account of how TPLF can be understood and regulated within civil-law traditions. It provides practical and analytical guidance for judges, policymakers, practitioners, and scholars who seek to engage with litigation funding in a way that strengthens access to justice while preserving the integrity of civil adjudication.

Chapter 1 Historical Origins and Evolution of Litigation Funding

Chapter 2 The Civil Law Tradition and Its Implications for TPLF

Chapter 3 Concept, Mechanics, and Economic Rationale of TPLF

Chapter 4 Champerty, Maintenance, and Modern Doctrinal Shifts

Chapter 5 EU Legal and Regulatory Framework

Chapter 6 Case Studies in Judicial Reasoning (EU)

Chapter 7 Comparative Civil Law Applications Beyond Europe (Southeast Asia Focus)

Chapter 8 Ethical, Procedural, and Policy Challenges

Chapter 9 Toward a Civil-Law Model of TPLF Regulation

Chapter 10 Conclusion: Reframing Access to Justice through Regulated Funding