Understanding Litigation Funding

Comparative Perspectives on Regulation, Market Behaviour, and Economic Consequences

Authors

Francesca Pellegrini

Synopsis

Litigation funding, or third-party financing of legal disputes, has emerged as a transformative mechanism within modern legal systems, presenting both opportunities and challenges. This study provides a detailed exploration of litigation funding across key jurisdictions, including the European Union, United Kingdom, United States, and Asia-Pacific, with an emphasis on regulatory frameworks, market behaviours, and economic implications.
The volume traces the historical foundations of litigation funding, from doctrines such as champerty and maintenance, to its current role as a tool for enhancing access to justice. At the same time, it examines the ethical, procedural, and economic dilemmas posed by the involvement of third-party financiers in legal proceedings. Special attention is given to regulatory responses, varying approaches to transparency, and the interplay between private investment and public legal norms.
By integrating legal analysis with comparative perspectives, this work offers valuable insights for scholars, practitioners, and policymakers seeking to understand the complexities of litigation funding and its broader implications for the legal order.

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Author Biography

Francesca Pellegrini

Is a legal scholar specialised in financial markets law, fintech regulation, and corporate governance. Her research focuses on the intersection of financial innovation and regulation, including litigation funding, crypto-asset frameworks, and alternative dispute resolution mechanisms in cross-border contexts. She has contributed extensively to comparative legal analysis through publications on banking union reforms, effective judicial protection, and the digitalization of financial services. She is Adjunct professor of Financial Markets Law and Research Fellow in Commercial Law at University of Bologna and collaborates on international research projects addressing regulatory challenges in evolving financial ecosystems.

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Published

marzo 10, 2025

Details about this monograph

ISBN-13 (15)

9788835177470

Date of first publication (11)

2025-03-10