Hybrid event Regulating TPF
News
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.
Published: June 17, 2022
On 22 June 2022 a hybrid seminar dedicated to Regulation of Third Party Funding in the EU will take place at Erasmus University Rotterdam/online.
This seminar is the last one in a seminar series on Trends and Challenges in Costs and Funding of Civil Justice organised by the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law. The series kicked off in December 2021 with a general session that addressed several topics of access to justice and costs and funding, including collectiveredress and costs reforms, and a Law & Economics perspective. The second seminar in January 2022 was dedicated to legal mobilisation in the EU. The third one in February addressed the impact of Public Interest Litigation on access to justice, and the fourth one in March litigation funding in Europe from a market perspective. The April seminar zoomed in on austerity policies and litigation costs reforms, and the May session was dedicated to funding and costs of ADR.
UPCOMING EVENT:
Wednesday, 22 June 2022 (14-18 CEST)
For in person participation register here (Erasmus University Rotterdam)
For online participation register here.
PROGRAM
13.30 Registration
14.00 Opening and Welcoming Remarks
Professor Xandra Kramer (Erasmus University Rotterdam/Utrecht University, the Netherlands)
14.10-15.45 Keynote Speech
Professor Geert Van Calster (KU Leuven, Belgium)
Session I – Current Status and the Need for Further Regulation
Chair: Professor Xandra Kramer
Stakeholder roundtable:
• Paulien van der Grinten (Senior Legislative Lawyer, Ministry of Justice and Security, the Netherlands)
• Johan Skog (Partner, Kapatens, Sweden)
• David Greene (Partner, Edwin Coe, England)
Discussant: Quirijn Bongaerts (Partner, Birkway, The Netherlands)
15:45 – 16.15 Coffee Break
16.15 – 18.00 Session II – Modes and Levels of Regulation
Chair: Dr. Eva Storskrubb (Uppsala University, Sweden; Erasmus University Rotterdam)
Panel:
• Kai Zenner (European Parliament, Head of Office (MEP Axel Voss))
• Tets Ishikawa (Managing Director, LionFish Litigation Finance Ltd, England)
• Professor Victoria Sahani (Arizona State University, USA)
• Professor Albert Henke (Università degli Studi di Milano, Italy)