A Market for Justice: A First Empirical Look at Third Party Litigation Funding

Abrams, David and Chen, Daniel L. (2013) A Market for Justice: A First Empirical Look at Third Party Litigation Funding. Journal of Business Law, 15 (4). p. 1075.

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Official URL: http://tse-fr.eu/pub/30280


The alienability of legal claims holds the promise of increasing access to justice and fostering development of the law. While much theoretical work points to this possibility, no empirical work has investigated the claims, largely due to the rarity of trading in legal claims in modern systems of law. In this paper we take the first step toward empirically testing some of these theoretical claims using data from Australia. We find some evidence that third-party funding corresponds to an increase in litigation and court caseloads. Cases with third-party funders are more prominent than comparable ones. While third-party funding may have effects on both the cases funded and the courts in jurisdictions where it is most heavily used, the overall welfare effects are ambiguous.

Item Type: Article
Language: English
Date: 21 August 2013
Refereed: Yes
Divisions: TSE-R (Toulouse)
Site: UT1
Date Deposited: 21 Mar 2016 14:52
Last Modified: 07 Mar 2018 13:23
OAI ID: oai:tse-fr.eu:30280
URI: http://publications.ut-capitole.fr/id/eprint/19908

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