Financial Barriers in Environmental Collective Actions: The Role of Third-Party Litigation Funding

This paper explores if and how Third-Party Litigation Funding ("TPLF") can be used as a means to enhance access to justice in environmental collective litigation in the EU. It assesses whether environmental collective actions are, by their nature, compatible with TPLF. Then, it discusses possible initiatives that could be implemented to encourage third-party litigation funders to expand the scope of their activities to environmental claims that continue to experience a funding gap.

1. Introduction

While it is rising across the world,2 environmental litigation is often hindered by a lack of adequate funding. Financial obstacles are said to constitute an important barrier to access justice in this sector.3 The collective nature of environmental collective redress exacerbates these financial constraints, as collective actions entail a wide range of costs extending beyond the "traditional" expenses of legal proceedings.4 Moreover, public funding suc...

Verder in dit artikel:

1. Introduction

2. Setting the scene: the right to financial access to justice in environmental matters

3. Third-Party Litigation Funding in environmental collective actions: a good match?

3.1. TPLF and the (non)-compensatory nature of environmental collective actions

3.2. TPLF and the legal and scientific uncertainty of environmental collective actions

4. Making the match last: bridging the funding gap in environmental collective actions with TPLF

4.1. Regulatory barriers and harmonisation of TPLF regulation

4.2. Incentives to expand the reach of TPLF

5. Conclusion