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 There are no rules in Liechtenstein concerning third-party litigation funding. Therefore, third- party litigation funding 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. Following a change in law effective 1 January 2016, legal aid is also available to legal entities. 2.2 Third-Party Funding: Lawsuits As there are no specific rules dealing with litiga- tion 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 litiga- tion funding, it is not restricted to certain parties. 2.4 Minimum and Maximum Amounts of Third-Party Funding Given that litigation funders regularly receive a percentage of the amount in dispute as compen- sation, 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 Typically, litigation funders fund all types of litiga- tion-related costs that may arise, including court fees, legal representation costs, costs associ- ated with taking evidence and the costs of the counterparty’s legal representation to the extent
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 established. The single judges at the District Court and the different chambers of the Court of Appeal and the Supreme Court are assigned different subject matters (such as ordi- nary 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 represen- tation of parties in civil court proceedings. Fur- thermore, in Liechtenstein, civil proceedings can be initiated by anyone with full legal capacity, not only by qualified lawyers. Only qualified law- yers are permitted to represent parties before a court (professionally) and only if represented by a qualified lawyer are parties entitled to recover costs from their adversaries. As a rule, only lawyers qualified in Liechten- stein are allowed to professionally represent parties 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 con- ditions, provide legal services in Liechtenstein on a cross-border, case-by-case basis without qualifying as Liechtenstein lawyers.
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