Litigation Funding in Ireland

Toward a Regulatory Framework for Third-Party Funding of Litigation

Litigation Funding: The Attorney's Perspective - 01/27/14

In a previous article,1 we discussed some of the basic tax considerations investors face in lawsuits. We concluded that debt treatment tends to be unfavorable to an investor because income is ordinary and the investor may even be required to accrue phantom income. Outside the debt context, we observed, the investor tends to be indifferent as to whether the arrangement is a prepaid forward contr...

Up in smoke, what role should litigation play in funding Canada's health care.

Canadians place importance on the provision of universal health care and value their current scheme for the fact that distribution of services is based upon need rather than fault or income. However, to provide this level of service provincial and federal governments, of all political stripes, face a delicate balance of three constraints; cost of health care, cost of other income maintenance sc...

Falling litigation rates in the US: could Ireland adopt similar measures.

Medical litigation has halved in the US over the last 10 years 1 . Rates of paid claims have decreased from 18.6 to 9.9 per 1000 physicians between 2002 and 2013. The median payment awards have reduced from $ 218,400 to $195,000 between 2007 and 2013. The consequence of this improved medico-legal environment is that the insurance premiums for doctors have lowered. In some states the premiums fo...

Charter rights & health care funding: a typology of Canadian health rights litigation.

Canadian health consumers have increasingly relied on the Charter of Rights and Freedoms to demand certain therapies and reasonably timely access to care. Organizing these cases into a 5-part typology, we examine how a rights-based discourse affects allocation of health care resources. First, successful Charter challenges can, in theory, lead to courts granting and enforcing positive rights to ...