Posts Tagged : Regulation

Litigation Funding Regulation proposed
Guido Demarco for Expansion about the New Resolution on Responsible private funding of litigation

How to regulate Litigation Funding is a current trend lately. In this regard, Guido Demarco, Director of Stonward, has published an op-ed in the Spanish newspaper Expansión talking about the new Resolution approved by the European Parliament on Responsible Private Funding of Litigation. The Resolution, dated 13 September 2022, recognizes that litigation funding is a growing practice in the EU and calls for a proposal for a Directive to establish common minimum standards on third-party commercial litigation funding addressing the transparency, fairness and proportionality of this tool. The problem, according to Guido, is that the proposed regulation is prone to “over-regulation”. The…

European Class Action Report 2022

The second annual European Class Action Report 2022 published by international law firm CMS has been released. The report looks at class action activity in the UK and across Europe over a six-year period from 2016 to 2021. It is the only study to analyze data from class action proceedings across Europe and to map a true picture of class action risk. These are the key findings: The number of class actions filed in 2021 exceeds 2020, at 110 claims. This equates to growth of over 120% between 2018 and 2021. The explosive growth in ligation funding has been identified as…

Carolina Bayo writes for the newspaper Expansión about the new ICC regulation

The economic newspaper Expansión publishes our Senior Director’s opinion on the new ICC Regulation that just entered into force. Carolina Bayo explains that one of the most significant changes in the new Regulation with respect to its 2017 version, which will continue to apply to cases filed before January 1, 2021, is that it includes an expected specific provision on funders and a necessary obligation for the parties: to inform about the existence of third-party funding. The obligation does not specify that the terms of the funding agreement must be disclosed. In Carolina’s opinion, the solution established by the ICC…