|
Introduction |
|
Access to Justice Policy in England |
|
Advent of Large Claims Management Companies |
|
Capping of Costs, Success Fees and Insurance Premiums |
|
Guidelines for Success Fees
& ATE Premiums |
|
Introduction of Fixed Recoverable Costs and Success Fees |
|
Cost Estimates, Budgeting
& Capping |
|
Costs Limits
& Access to Justice |
|
Contingency Fees |
|
Common Law Developments |
|
Wanton and Officious Intermeddling and Trafficking in Claims |
|
Litigation Funding |
|
Broadening Exemptions to
Prohibitions on Financing & Assignment |
|
Summary of Common Law Position |
|
Conclusion |
|
|
|
Introduction |
|
Regulation & Market Failure |
|
Market & Monopoly Power |
|
Externalities |
|
Public Goods |
|
Co-ordination Problems |
|
Inequality of Bargaining Power |
|
Shortcomings of Economic Modelling |
|
Information Asymmetry |
|
Bounded Rationality |
|
Unconscionability |
|
Current Regulatory Framework & Further Regulatory Options |
|
Mandatory Provision of Information - Current Frameworks |
|
Mandatory Provision of Ex Ante Legal Advice - Current Frameworks |
|
Licensing - Current Frameworks |
|
Mandatory Cooling Off - Current Frameworks |
|
Self-regulation & Co-regulation - As Alternatives |
|
Default Rules & Codes of Conduct - As Alternatives |
|
Conclusion |
|
|
|
Introduction |
|
Relationship
between Practitioner and Claim Holder |
|
Agency Theory |
|
Current Regulation of Legal Profession |
|
Relationship
between Funders and
Practitioners |
|
Relationship between Claim Holder & Funder |
|
Conflict Typology & Resolution |
|
Multiple Claim Holders |
|
Collusion between Practitioner, Defendant & Funder |
|
Free Rider Problems |
|
Dealing With Conflicts of Interest Between Class Members |
|
Duties to Court and Justice |
|
Conclusion |
|
|
