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INSOL International have published their 22nd Technical Paper. It is entitled "Judicial Views on Third Party Litigation Funding – A Comparative Overview ". The paper was written by Jason D. Karas, Principal of Lipman Karas, Hong Kong.
The full paper can be viewed on the INSOL web site. This paper examines the judicial views on third party litigation funding in England, South Africa, Australia, New Zealand, Hong Kong, Singapore and Canada.
Some of the decisions discussed in this paper have touched on several practical issues including:
The extent to which a third party funder may be permitted to exercise actual control over litigation;
Confidentiality and legal professional privilege;
Dispute resolution and termination mechanisms;
Court sanction and judicial supervision; and
Adverse costs liability and security for costs.
"This is the ultimate statement of where the law on IVAs is to be found in our great common law...