PhD defence: Funding collective dispute resolution through litigation investment

On 3 February, Jacob van der Tang will defend his dissertation entitled “Funding collective dispute resolution through litigation investment”.

In litigation funding, a third party that is not involved in the proceedings pays the costs of a trial or lawsuit. This litigation financier makes a risk-bearing investment. Litigation funding essentially works in a similar way to venture capital. Both forms of financing or investment entail similar challenges.

Funding collective dispute resolution through litigation investment is a topic that has attracted considerable attention and about which much uncertainty still exists. The dissertation provides a thorough analysis of the subject from a legal doctrinal perspective and a comparative law perspective (England and Wales, Australia). The analysis also makes use of empirical and law-and-economic insights.

The dissertation is unique in that it is the first to offer a legal doctrinal examination of litigation investment under Dutch law by paying close attention to the relationship between litigation investment and the various models of collective dispute resolution, the financial rights and governance (control) rights of litigation investors, and the judicial review and regulation of litigation investment. The study also devotes extensive attention to the most recent developments at both the national and EU level.

The research culminates in several practical recommendations for legislature, judiciary, and legal practice. These recommendations include additional regulation of litigation investment, expansion of the Claimcode, and the introduction of procedural rules for collective dispute resolution.

The defence is preceded by a “layman's talk”: a short presentation in which the PhD candidate explains in accessible language what the dissertation is about. De defence can be followed via livestream via the link below.