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Trading in Legal Claims
Law, Policy & Future Directions - by Dr Vicki Waye -
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Trading in Legal Claims
Law, Policy & Future Directions - by Dr Vicki Waye -
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- Table of
Contents -
(subject
to change prior to publication)
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Table of Cases |
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Table of Statutes |
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Ch 1: An Introduction to Markets for Legal Claims |
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Introduction |
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Markets |
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Alienability of Legal Claims |
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Access to Justice |
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Ch 2: Transferability of Legal Claims: Legal & Economic Theory |
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Introduction |
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Efficiency and Alienability of Legal Claims |
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A Market for Pre-Injury Claims |
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A Market for Post-Injury Claims |
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Can a Robust Market in Legal Claims be Established? |
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Normative Concerns Regarding a Market for Legal Claims |
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Access to Justice and Proliferation of Claims |
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Commodification of Justice |
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Adverse Impacts on Lawyer-Client Relationship |
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Protection of Ingenuous Claim Owners |
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Conclusion |
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Ch 3: Current Australian Framework |
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Introduction |
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Legal Claims as Transferable Property Rights |
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Broadening Avenues of Litigation Funding |
| Towards a Jurisprudence Balancing Access to Justice & Trafficking in Litigation |
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Position of Professional Litigation Funders |
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Claim Alienability |
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Ch 4: Current English Framework |
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Introduction |
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Access to Justice Policy in England |
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The Advent of Large Claims Management Companies |
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Capping of Costs, Success Fees and Insurance Premiums |
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Guidelines for Success Fees and ATE Premiums |
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Introduction of Fixed Recoverable Costs and Success Fees |
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Cost Estimates, Budgeting and Capping |
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Costs Limits and Access to Justice |
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Contingency Fees |
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Common Law Developments |
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Wanton and Officious Intermeddling and Trafficking in Claims |
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Litigation Funding |
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Broadening Exemptions to Prohibitions against 3rd Party Financing & Assignment |
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Common Law Position |
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Conclusion |
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Ch 5: Current American Legal Framework |
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Introduction |
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Maintenance and Champerty |
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Assignability |
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Usury |
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Markets for Legal Claims |
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Ch 6: Regulation of Markets for Legal Claims |
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Introduction |
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Regulation and Market Failure |
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Market and Monopoly Power |
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Externalities |
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Public Goods |
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Co-ordination Problems |
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Inequality of Bargaining Power |
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Information Asymmetry |
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Bounded Rationality |
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Unconscionability |
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Regulatory Options: Unconscionability, Info Asymmetry and Bounded Rationality |
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Mandatory Provision of Information |
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Mandatory Provision of Ex Ante Legal Advice |
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Licensing |
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Mandatory Cooling Off |
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Default Rules and Codes of Conduct |
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Conclusion |
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Ch 7: Abuse of Process, Costs & Secondary Sales |
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Introduction |
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Abuse of Process |
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Costs |
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Obligations Upon Assignees |
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Secondary Sales |
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Ch
8: Conflict of Interest Between Claimholders, |
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Introduction |
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Relationship Between Legal Practitioner and Claim Holder |
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Relationship Between Claim Holder and Litigation Funder |
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Multiple Claim Holders |
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Potential Collusion Between Legal Practitioner, Defendant and Funder |
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Free Rider Problems: Sharing of Risk & Recovery of Funder’s Success Fee |
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Dealing With Conflict of Interests Between Class Members |
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Duties to Court and Justice |
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Conclusion |
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Ch 9: Future Directions |
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Appendix |
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Bibliography |
