This chapter analyzes how European courts have reasoned through cases involving third-party litigation funding (TPLF), shaping its doctrinal legitimacy and procedural boundaries. By examining landmark judgments, such as CDC Zementkartell, Persona Digital Telephony, and JEB Recoveries, it explores how national- and EU-level courts have balanced funding innovation against the principles of fairness, transparency, and public policy. Through these case studies, the chapter reveals the evolving judicial mindset that defines when TPLF enhances access to justice and when it risks undermining procedural integrity.

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Case Studies in Judicial Reasoning (EU)

  • Narong Kiettikunwong

摘要

This chapter analyzes how European courts have reasoned through cases involving third-party litigation funding (TPLF), shaping its doctrinal legitimacy and procedural boundaries. By examining landmark judgments, such as CDC Zementkartell, Persona Digital Telephony, and JEB Recoveries, it explores how national- and EU-level courts have balanced funding innovation against the principles of fairness, transparency, and public policy. Through these case studies, the chapter reveals the evolving judicial mindset that defines when TPLF enhances access to justice and when it risks undermining procedural integrity.