LIECHTENSTEIN Law and Practice Contributed by: Moritz Blasy, Nicolai Binkert, Simon Ott and Kathrin Binder, Schurti Partners Attorneys at Law Ltd
2. Litigation Funding 2.1 Third-Party Litigation Funding
1.3 Court Filings and Proceedings As a general rule, court files are not open to the public and case files may only be accessed by the parties to the respective lawsuit. Third parties may be granted access if all parties to the respective lawsuit agree or, in the absence of such an approval, if the third party shows a prima facie legal interest (eg, the information gained from the court case is relevant for a claim/ defence in another case). Court hearings, however, are generally open to the public, but the court can exclude the public if public morality or public order so demand, if it is to be feared that the procedure would otherwise be disturbed, or if facts about family life are to be discussed or estab- lished. The single judges at the District Court and the different chambers of the Court of Appeal and the Supreme Court are assigned different subject mat- ters (such as ordinary civil claims, injunctive relief, divorce, family matters, criminal matters). Additionally, the court may exclude the public if business secrets would otherwise be jeopardised. 1.4 Legal Representation in Court Liechtenstein law does not require the representation of parties in civil court proceedings. Furthermore, in Liechtenstein, civil proceedings can be initiated by anyone with full legal capacity, not only by qualified lawyers. However, only qualified lawyers are permit- ted to represent parties before a court (professionally), and parties are only entitled to recover costs from their adversaries if they are represented by a qualified law- yer. As a general rule, only lawyers who are qualified to practice in Liechtenstein are permitted to represent parties professionally before Liechtenstein courts. EEA and Swiss citizens who are qualified lawyers in their home states can qualify as Liechtenstein law- yers under facilitated conditions. Furthermore, EEA and Swiss lawyers can, under certain conditions, pro- vide legal services in Liechtenstein on a cross-border, case-by-case basis without qualifying as Liechten- stein lawyers.
There are no rules in Liechtenstein concerning third- party litigation funding. Therefore, it is permitted and there are no particular restrictions. In this context, Liechtenstein law provides legal aid for parties who cannot afford the costs of litigation. Fol- lowing a change in the law effective 1 January 2016, As there are no specific rules dealing with litigation funding, it is not restricted to certain types of lawsuits. 2.3 Third-Party Funding for Plaintiff and Defendant As there are no specific rules dealing with litigation funding, it is not restricted to certain parties. 2.4 Minimum and Maximum Amounts of Third-Party Funding As litigation funders typically receive a percentage of the amount in dispute as compensation, the amount of money a litigation funder is prepared to provide for a specific case will largely depend on the amount in dispute and the prospects of success. Liechtenstein law does not impose any restrictions. 2.5 Types of Costs Considered Under Third- Party Funding Litigation funders typically cover all types of litigation- related costs, including court fees, legal representa- tion costs, costs associated with taking evidence and the costs of the counterparty’s legal representation to the extent that they will be refunded by the funded party in the event of a defeat. 2.6 Contingency Fees legal aid is also available to legal entities. 2.2 Third-Party Funding: Lawsuits As a matter of statutory law and the Code of Ethics and Professional Conduct of the Liechtenstein Bar Association, qualified lawyers are prohibited from entering into quota litis arrangements with their cli- ents. This restriction does not apply to pre-agreed and clearly defined success fees that are owed in addition to the basic fees.
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