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Mapping Study TPLF in Europe

The European Commission has released the Mapping Study on Third Party Litigation Funding (TPLF) in the European Union. This comprehensive study provides a detailed
analysis of legislation, practices, and stakeholder perspectives across the EU and in selected third countries.

Over the past years, third party litigation funding has become one of the most debated topics in European civil justice. The EU Representative Actions Directive - requiring Member States to establish collective action mechanisms for EU consumer cases - has intensified this discussion. Collective actions to obtain damages often involve significant expenses and procedural risks. In the absence of other suitable funding mechanisms, TPLF has gained prominence as a means to support such claims.

This trend was also reflected in extensive research, reported earlier on this website, carried out at the request of the Dutch Ministry of Justice on the WAMCA (the Dutch Act on Collective Damages Claims), which highlighted the growing reliance on third party funding in the Netherlands.

In September 2022, the European Parliament adopted a Resolution on Responsible Private Funding of Litigation, urging the European Commission to consider stricter regulation of TPLF. In response, the Commission commissioned this in-depth Mapping Study, which analyses existing legal frameworks, practical experiences, and the divergent approaches among Member States.

From our research group, Jos Hoevenaars acted as national co-reporter, and Xandra Kramer contributed as a member of the advisory board. The findings of this study will play a key role in shaping the future policy debate on TPLF regulation in the EU.

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Published: December 16, 2020

The launch of the Elgar Companion to the Hague Conference on Private International Law took place on 15 December 2020. The book, edited by Thomas John, Rishi Gulati and Ben Köhler, was launched by Christophe Bernasconi, Secretary General of the HCCH, and was followed by a conversation and Q&A on a key
theme that emerged in the Companion: the importance of private international law to providing access to justice. Xandra Kramer kicked off by stressing the importance of the various instruments of the Hague Conference for increasing access to justice at the global level and the crucial rule digitisation plays in enhancing judicial cooperation. Her talk was followed by a practical perspective by Justin Gleeson SC (Barrister and Arbitrator, Banco Chambers, Sydney). The conversation was kindly led by Matthew Neuhaus, Australian ambassor to the Netherlands.