This paper examines the law and economics of third-party financed litigation. I explore the conditions under which a system of third-party financiers and litigators can enhance social welfare, and the conditions under which it is likely to reduce social welfare. Among the applications I consider...

While English schemes of arrangement have proved to be a popular restructuring tool for non-English companies, their jurisdiction basis has been controversial. Recent cases (the latest being Re Rodenstock [2011] EWHC 1104 (Ch)) show that the position is far from stable. This article maps out the...

The authors provide a unique perspective on how the Court of Final Appeal has operated from 1997 to 2010. The study tracks the rising caseload in the Court, considers the statistical profile of the new system of judges and notes the greater attention being paid by the final court to public law cases

This article argues that the enforcement in England in Re New Cap Reinsurance Corporation of an Australian monetary judgment rendered under Australian insolvency law does not sit easily with the Foreign Judgments (Reciprocal Enforcement) Act 1933. This is because the Foreign Judgments...

This essay on the class action will be a chapter in the Procedural Law and Economics volume forthcoming from Edward Elgar. It reviews the law-and-economics literature on the class action, current as of 2008 (when I wrote the chapter). It discusses the benefits of large claim and small claim...

Adequacy of representation is a central concept in the law of case aggregation. Yet proceduralists today, some seventy years after the germinal case of Hansberry v. Lee, still lack a clear understanding of what representation means in adjudication and why a nonparty can be bound on a...

In this paper we discuss the disparate treatment of perceptual ("fact") witnesses and expert witnesses in the legal system. We highlight the distinction between the perceptual act of witnessing and the act of testifying, and argue that although there might be good reasons to regulate payments to...

While on one side India and its citizens have been grappling with black money and blaming the Government for being unable to come out with the means to effectively tackle the social menace, on the other hand statutory provisions effectuating the Government intent to come to terms with the...

The Supreme Court two decades back floated an idea for settle the inter-departmental disputes of the various divisions of the Government in an amicable and non-litigative manner. Towards this intent a Committee of senior departmental officers was formed to monitor such disputes and seek its...

This paper examines how providing litigants with information about arbitrators' Win/Loss ratios affects arbitrators' incentives in deciding the cases before them in an impartial and unbiased manner. We show that if litigants are informed about arbitrators' past decisions then arbitrators might...