Class Action Settlements: An Opt-In Proposal

Bronsteen, John

doi:10.2139/ssrn.745826

Cited by 3 publications

(1 citation statement)

References 8 publications

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“…• Discontinue the proceeding as a group proceeding 205 • Exercising its powers to set aside settlement 206 Bronsteen is of the view that reliance upon the judiciary to effectively control conflicts of interest under these powers is over sanguine. 207 According to Bronsteen, judges have significant personal and institutional incentives to permit settlements to clear their decks of workload and improve court efficiency. Bronsteen also argues that judges are ill-equipped to evaluate the reasonableness and fairness of settlements because of the lack of a market in legal claims.…”

Section: Dealing With Conflict Of Interest Between Class Membersmentioning

confidence: 99%

Conflicts of Interests between Claimholders, Lawyers and Litigation Entrepreneurs

Waye¹

2007

Bond Law Review

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Extract -The implication that litigation funding is a 'dirty business' that soils the courts and the legal process has been rejected by the High Court in Campbells Cash & Carry Pty Ltd v Fostif Pty Ltd,1 a decision which determined that the involvement in proceedings of a litigation financier, whose main purpose was to profit from its investment in a set of aggregated legal claims, did not of itself warrant a stay for abuse of process. In reaching its decision the High Court was focused upon the threat that litigation funding posed to the integrity of the justice system, rather than the effect of litigation funding upon the relationship between legal practitioners and their clients. The purpose of this article therefore is to consider in more detail how the tripartite relationship between legal practitioner, litigation financier and client might be managed to ensure that client interests are adequately protected in funded proceedings.

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Section: Dealing With Conflict Of Interest Between Class Membersmentioning

confidence: 99%