I couldn't agree more with your comments about litigation funding. Even more worrying is a UK phenomenon of 'After the Event Insurance cover'.
An English insurance company, The Judge, 'willl insure a client's liability to pay the opponent's fees in the litigation "if the case were to lose". [Curious wording] as well as disbursements such as counsel's fees and the client's own costs.
What constraint will remain to litigants if they can, by paying a premium, insulate themselves from the policy constraints of the usual orders as to costs?
My interest is in promoting commercial settlements clients can live with and I have a lot to say about it at Really Long Link
I am not convinced that litigation funding or insurance will encourage litigants to take an early commercial view of their dispute.
Comment by Concerned Objective Observer
on Ten Major Developments In Commercial Litigation In 2008
An English insurance company, The Judge, 'willl insure a client's liability to pay the opponent's fees in the litigation "if the case were to lose". [Curious wording] as well as disbursements such as counsel's fees and the client's own costs.
What constraint will remain to litigants if they can, by paying a premium, insulate themselves from the policy constraints of the usual orders as to costs?
My interest is in promoting commercial settlements clients can live with and I have a lot to say about it at Really Long Link
I am not convinced that litigation funding or insurance will encourage litigants to take an early commercial view of their dispute.