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Stefaan Voet

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Stefaan Voet

The goal of this chapter is to map the various funding options and assess their pros and cons in a collective litigation context. It starts by considering the variations and uses of the ‘loser pays’ rule in European civil litigation. How this rules applies in collective proceedings may be complex. Collective redress proceedings are characterized by a ‘triangular’ structure. In addition to the class representative (qualified claimant) and the class lawyer, there are a number of unquantifiable and unidentified class members. The costs and funding issues should first and foremost be approached from this triangular structure, and more specifically from the standpoint of the class representative and/or the class members (section 3) and the class counsel (section 4). Similarly, as in one-on-one litigation, class action litigation can be funded and financed by third parties (section 5): legal expenses insurers, government funds, legal aid schemes and, most recently, third-party litigation funders.