The Future Regulation of Third-Party Litigation Funding in Europe

The sixth and concluding seminar of the series will take place on 22 June 2022 (14:00-18:00 CEST) in a hybrid format (online and in-person attendance possible). It is dedicated to the “Future Regulation of Third-Party Litigation Funding” (“TPF”).

The increase in TPF for different types of claims in many jurisdictions has occasioned an increased interest in the question of whether and how to regulate TPF. This topic is addressed both at the national and EU level. The recent EU Representative Action Directive provides some further guidance, while the European Parliament has published a Draft Report for regulation on TPF. The aim of this seminar is to reflect on the need and type of regulation of TPF from different points of view. By seeking to engage representatives from both academia and stakeholders, the seminar aims to foster a lively exchange and contribute to the debate.

Program

13.30                 Registration [Zoom opens 13.45]
14.00                 Opening and Welcoming Remarks
14.10 – 15.45    Session I – Current Status and the Need for Further Regulation?
15.45 – 16.15    Coffee Break
16.15 – 18:00    Session II – Modes and Levels of Regulation
18:00 – 19:00   Drinks

Session Abstracts

Session I: Current Status and the Need for Further Regulation?

Profit-seeking and investing in lawsuits are already a reality in Europe. While regulation of TPF is still fragmented, the TPF industry has started to thrive in several EU Member States. In this session, the key-note address will focus on the current status quo of the regulation of the TPF market in Europe and beyond. It will assess key legal issues arising from the current limited landscape of regulation. The subsequent roundtable discussion with representatives from national authorities and key stakeholders from the TPF industry will take the floor, share their experience and their perspectives on whether there is a need for further regulation.

Session II: Modes and Levels of Regulation

The European Parliament’s Draft Report with recommendations to the Commission on Responsible private funding of litigation has argued for centralised, more detailed and broader action at the EU level on TPF (beyond the Representative Actions Directive). The Draft Report has already generated reactions from stakeholders as well as the academic community. This session will further investigate and debate different levels and models of regulation of TPF. Questions that will be addressed from varied perspectives include: at which level is it most appropriate to regulate TPF (domestic, regional or international), what type of regulation is most appropriate (self-regulation, soft law or legislation) and what legal issues should be addressed in potential future litigation?

Detailed Program