Costs and Funding

Litigation costs and funding are typically regarded as relatively minor and ancillary aspects of civil procedure. Nevertheless, they have the potential to have far-reaching consequences. Both are of critical importance in determining access to justice, procedural strategies, and case dispositions. The recovery of costs can represent a significant proportion of the economic interest. Third-party funding, however, can act as a valuable resource in expensive litigation, facilitating the bringing of meritorious cases and decreasing financial losses. The Rules propose an integral regulation of these issues, including the scope of court discretion to set costs to be recovered as well as the level of disclosure considered necessary for the adequate functioning of third-party funded litigation.