Law360 (April 27, 2018, 11:13 AM EDT) -- Using finance to pursue commercial disputes is becoming established practice in those common law countries where litigation costs are high, and the historical torts of maintenance and champerty have been relaxed. It is less prominent in the civil law jurisdictions of mainland Europe, but the landscape there is beginning to shift in favor of funding.
Litigation finance can be defined as the provision of capital to a litigant or law firm in exchange for returns tied to commercial litigation outcomes. Plainly, investors in common law jurisdictions have recognized litigation as an asset worth investing in for enhanced returns, and many have...
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