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Further Reading
South African Resources
Rulings
The Supreme Court of Appeal of South Africa in the “National Potato” case, has clearly validated litigation funding under Common Law in South Africa.
2004
In PriceWaterHouse Coopers Inc and Others v National Potato Co-operative Ltd [2004] (6) SA 66 (SCA) – the Supreme Court of Appeal of South Africa held that the right of access to justice enshrined in the Constitution of South Africa and the rights of litigants to make us of litigation funding as enshrined in the Contingency Fees Act 66 of 1997 has made speculative litigation possible by permitting “no success, no fees” agreements between claimants and lawyers permissible.
In June 2010, in an interlocutory ruling rendered in the same case, the High Court found that a funder is, a co-owner of the claim and should therefore be joined as a party to the trial.
Click Here to Download Article – PWC v National Potato
2001
Headleigh Private Hospital (Pty) Ltd t/a Rand Clinic v Soller & Manning Attorneys and Others [2001] (4) SA 360 (W) – the court affirmed that it is not necessarily unlawful to have an agreement that shares in the proceeds of one or more lawsuits, especially where a claimant is not able to fund his litigation.
Policy & Regulation
Litigation funding is becoming a part of the South African legal landscape.
Click Here to Download Article – Litigation funding in South Africa Ref: Litigation Funding Magazine, August 2010.
Wikipedia information link : http://en.wikipedia.org/wiki/Legal_financing
Click Here to download Third Party Litigation Study
Links
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Property Bridging Finance : Property sold sellers proceeds, property equity release, bridging finance on properties – www.nhfinance.co.za
- Pension Bridging – Pension Fund Bridging and Provident Fund Bridging – www.pension-bridging.co.za
- Commercial and Industrial Property – sales, acquisitions, rentals and leasing – www.property-for-africa.co.za
UK Resources
The Jackson Report
The Right Honourable Lord Justice Jackson produced his final report on the Review of Civil Litigation Costs, in December 2009, in which he proposes reforms, designed to control costs and promote access to justice.
Click Here for the full text of the report.
US Resources
New York State Bar Association’s Commercial and Federal Litigation Section
A report on 16 Apr 2013 by the Ethics Committee of the Commercial and Federal Litigation Section of the NY State Bar Association highlighted ethical and legal obligations of third party litigators in New York litigators when engaging in litigation finance arrangements. Click Here for report .
American Bar Association Commission on Ethics 20/20
A working group of ABA Commissions on Ethics 20-20, on 19 Oct 2011, published their conclusions after studying the legal ethics issues arising from lawyers’ involvement in alternative litigation financing by non-parties to the action.
Click Here for their White Paper.
New York City Bar Association’s Committee on Professional Ethics
The NYC Bar Association’s Committee on Professional Ethics published a Formal Opinion on 15 Jun 2011, advising that “It is not unethical per se for a lawyer to represent a client who enters into a non-recourse litigation financing arrangement with a third party lender”.
Click Here for their news release and Click Here for their Formal Opinion.
Frequently Asked Questions & Popular Topics
Do you provide litigation funding in the UK?
Yes, we provide litigation funding in the UK and anywhere else in the world.
How litigation funding works?
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Why plaintiff legal funding?
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Who are litigation funders?
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