The Law and Business of Litigation Finance

Published in December 2020, The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls.

Edited by Woodsford’s CEO, Steven Friel, and with contributions from leading experts drawn from legal practice, financiers and academia, the focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions.

As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

It answers questions such as:
– How do litigation funders raise capital and how do they spend it?
– What are their corporate and financial structures?
– What type of cases do they invest in and what are their returns?
– What are the key legal issues relating to litigation funding?

The short interviews with a number of chapter authors, together with the sample chapter excerpts below provide a flavour of what is included in The Law and Business of Litigation Finance.

Woodsford’s Robin Davis talks to Steven Friel about why we need a book on litigation
finance at this time and how the contributors and themes were chosen.

Anthony Sebok, Professor of Law Cardozo Law School, New York, discusses the differences in attitudes to ‘fee splitting’ in the US, UK and Europe and the obsession with medieval English principles of maintenance, champerty and barratry.

David Siffert, Director of Research and Projects at NYU School of Law, discusses whether
we can expect more legislation governing litigation finance in the next 10 years, and the
interest from academia.

Simon Walsh, Special Counsel at Cadwalader in London, discusses why litigation finance has
grown as rapidly as it has done in the last 10 years and how privilege relates to litigation
funding, particularly the differences between UK and the US.

Excerpts from the book.

The Law and Business of Litigation Finance

The book can be purchased from Bloomsbury Professional here.

Foreword to The Law and Business of Litigation Finance by Sir Rupert Jackson

Judge Scheindlin

Foreword to The Law and Business of Litigation Finance by Shira A. Scheindlin

Steven Friel Chief Executive Officer

Chapter excerpt: The Law and Business of Litigation Finance – Adverse costs and security for costs

Chapter excerpt: The Law and Business of Litigation Finance – Tax

The book can be purchased from Bloomsbury Professional here.