To litigate or not to litigate? The impacts of third-party financing on litigation
Deffains, Bruno ; Desrieux, Claudine
International Review of Law and Economics
2015
43
August
178-189
judicial decision ; judicial procedure ; cost ; financing
Law
https://doi.org/10.1016/j.irle.2014.08.005
English
Bibliogr.
"In this paper, we analyze three different ways to finance litigation, namely (i) self-finance by plaintiffs, (ii) contingent fees arrangements and (iii) third-party financing. We show how they impact the access to justice, and the decision to settle or to go to court, when claims can be meritorious or frivolous. Our results show that third-party financing does not always increase the access to justice for a plaintiff, and may even decrease the equilibrium settlement amount. It also increases the number of frivolous claims."
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