The Quest for Funding Under the Dutch WAMCA: Third Party Funding and the Viability of a Procedural Fund

Authors

Xandra Kramer

Abstract

A new chapter started for collective actions with the 2020 Dutch Mass Damage Settlement in Collective Actions Act (WAMCA) and the E.U. Directive on representative actions for consumer cases. The expansion of the class action mechanism has not only raised procedural and practical questions but has also triggered debates on the funding of inherently expensive collective claims for damages. Absent appropriate public legal aid schemes, third-party litigation funding has been on the rise and commercial funding has become one of the most discussed and controversial topics in European civil justice. Developments in collective actions and funding have prompted the Dutch Ministry of Justice to commission a study on the financing of collective actions and the desirability of establishing a litigation fund. This paper reviews Dutch collective actions and the quest for suitable funding mechanisms under the WAMCA at the background of E.U. developments.

Recommended Citation

Xandra Kramer, The Quest for Funding Under the Dutch WAMCA: Third Party Funding and the Viability of a Procedural Fund, 38 Emory Int'l L. Rev. 767 (2024).
Available at: https://scholarlycommons.law.emory.edu/eilr/vol38/iss4/4