Litigation Funding For The Property Industry

The funding of litigation is now a major factor in the property industry. This book examines new legal developments in the field in the UK. The book provides technical detail and also practical examples to ensure the manager is in a better position to negotiate with his/her lawyers. The new Court rules combined with the stated aim of Government policy of removing legal aid and at the same time ensuring access of Justice through contingency fees has meant a revolution in the manner of funding litigation. But this has meant an even more acute conflict of interest between solicitor and client because the lawyer needs to be able to recoup funding the action by taking a share of the proceeds of the claim. The commercial client needs to be aware of the parameters to negotiate the conditional fee agreement. The aim of this book is to: provide a clear outline of the meaning of conditional fees and contingency fees; provide an outline of the costs that may be payable under the new regime; provide a breakdown by way of summary of different types of legal insurance available on the open market including after the event insurance; give an overview of the fast-track, small-track and multi-track procedures; relate litigation to service charge recovery programs for residential and commercial property.

The Law and Business of Litigation Finance considers the international development of the law and practice of high value litigation and arbitration funding. It is an essential guide for those who provide or seek such funding, as well as for anyone who wishes to understand the litigation funding process and to avoid pitfalls. It answers questions such as: - How do litigation funders raise capital and how do they spend it? - What are their corporate and financial structures? - What type of cases do they invest in and what are their returns? - What are the key legal issues relating to litigation funding? The Law and Business of Litigation Finance assists various parties, including: - Those who do not have the resources or risk appetite to proceed in litigation or arbitration without financial support - Law firms who are interested in a significant business development opportunity, and fairer outcome for litigants - Insolvent estates, whose biggest assets are their potential claims - Judges, arbitrators and other neutral parties in funded dispute resolution cases - Regulators, legislators and policymakers in the fields of legal and financial services - Investors who seek high risk, high return opportunities The book is edited by one of the most accomplished litigation funders in the international market and has contributions from leading experts drawn from legal practice, financiers and academia. The focus is on the UK and the US, the two main centres for the international litigation funding industry, with reference to Australia, New Zealand and other select jurisdictions. As the first book on litigation finance to take an international, and particularly transatlantic, perspective, this is a must-have guide for all lawyers, commercial court judges, legal policy makers, regulators, investors, and academics in these jurisdictions.

Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Litigation finance sits at the intersection of many well-known subjects within the law school curriculum: contracts, torts, civil procedure, evidence, professional responsibility, insurance, and capital markets. There are no professionally produced materials for a professor who wants to teach an entire semester-long course on litigation finance. This casebook is an attempt to fill that gap. Its ten chapters provide a foundation for a two- or three-credit class, although many of the chapters could also be used individually as supplemental material for a free-standing unit on litigation finance in another course, such as torts, civil procedure, or the law of lawyering. Notwithstanding the fact that the law of litigation finance is rapidly developing as investment in litigation and legal services grows, the cases and other materials contained in this book will remain relevant and useful to anyone trying to teach students about this important new body of law. Benefits for instructors and students: Careful selection of the leading cases in the United States about the development and current law of assignment and litigation finance. Diverse selection of secondary source material, including major law review articles, as well as reports and advocacy materials from supporters and critics of litigation finance. Notes following the readings help the student progress through the materials in a logical and coherent manner.

This book evaluates investment opportunities such as life settlements, litigation funding, farmlands, royalties, weather derivatives, collectables and other unique asset classes. It provides an in-depth analysis of the returns, risks, opportunities and portfolio effects for anyone who wants to expand their investment horizons. This book is for individual investors, financial advisors, and academics who desire knowledge about investment products beyond just stocks and bonds or vanilla hedge funds, private equity and real estate investments. It provides a critical link to industry data and original research to support the case for adding exotic alternative investments to traditional portfolios.

Here’s all the information you need to provide your clients with superior litigation support services. Get up to speed quickly, with the aid of top experts, on trial preparation and testimony presentation, deposition, direct examination, and cross-examination. Authoritative and highly practical, this is THE essential guide for any financial expert wanting to prosper in this lucrative new area, the lawyers who hire them, and litigants who benefit from their efforts. "This work of amazing breadth and depth covers the central issues that arise in financial expert testimony. It is an essential reference for counsel and practitioners in the field."—Joseph A. Grundfest, The William A. Franke Professor of Law and Business, Stanford Law School; former commissioner, United States Securities and Exchange Commission.

A unique, international approach to optimal real estate financing Property Finance is an authoritative guide to both the financial and legal issues surrounding real estate financing. Unique in its exclusive focus on the topic, this book builds from a solid theoretical foundation to provide practical tools and real-world solutions. Beginning with a discussion of the general issues encountered in real estate finance from an international perspective, the authors delve into country-specific information and set out the legal peculiarities of eight important countries (Germany, France, Italy, Spain, China, India, England and Wales) by asking questions of relevance to the leading local law firms specializing in real estate financing. The reader may thus consider in greater depth the problems relating to any given country and compare and contrast the positions under different legal systems. Examples with numerical calculations and contract excerpts enhance the explanations presented, and are immediately followed by practical case studies that illustrate the mechanisms at work. The companion website features downloadable spreadsheets used in the examples, power point presentations, as well as real estate news and more. Property financing entails many sources of capital, including both debt and equity resources as well as hybrid forms like preferred equity and mezzanine debt. Knowing how to work with these avenues is important to ensuring financial sustainability in real estate assets. Property Finance covers the most common issues encountered, helping readers prepare for and find a way around possible roadblocks. Consider the issues surrounding real estate lending at an international level Compare and contrast the positions under different legal systems Develop an international perspective on cash flows and financing agreements Use powerful tools to structure financing and gauge its effects on property financing The success of a real estate investment is dependent upon optimal financing, and a mere bird's eye view of the topic does not fully prepare investors for issues ahead: Property Finance provides a knowledge-based approach to real estate investment, detailed information and powerful tools.

2011 Updated Reprint. Updated Annually. Hedge Investment Funds Handbook