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The Costs and Funding of Civil Litigation : A Comparative Perspective - BLOOMSBURY ACADEMIC

The Costs and Funding of Civil Litigation

A Comparative Perspective

Hardcover

Published: 17th November 2010
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This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It was linked with the most comprehensive review of costs ever carried out in England and Wales by Lord Justice Jackson in 2009 and benefited from the assistance of leading practitioners around the globe. The study analyses the principles and rules that relate to paying courts, witnesses and lawyers, and the rules on cost shifting, if any. It also notes the major ways in which litigation can be funded, identifying the global trend on contraction of legal aid, the so far limited spread of contingency fees, and the growing new phenomenon of private third party litigation funding. The study also presents the results of nine case studies of typical claim types, so as to give a first overview comparison of which countries' legal systems are cheaper or more expensive. The book further contains national chapters with in depth analysis contributed by scholars in 18 jurisdictions (Australia, Belgium, Canada, China, Denmark, England & Wales, France, Germany, Japan, the Netherlands, New Zealand, Poland, Portugal, Russia, Spain, Switzerland, Taiwan and USA) and a further chapter on Latin American jurisdictions. 'Dr Hodges, Professor Vogenauer and Dr Tulibacka have conducted an excellent and thorough comparative study of litigation costs and funding across a wide range of jurisdictions ('the Oxford study'). The Oxford study is important, because it provides both context and background for any critical examination of our own costs and funding rules...I commend this book both for its breadth and detail and also for its percipient commentary. This work will make a valuable contribution to the debate which lies ahead about how the costs and funding rules of England and Wales should be reformed in order to promote access to justice.' From the Foreword by Lord Justice Jackson, Royal Courts of Justice, 16th July 2010

What a treasure trove...most informative...a source of empirical findings and legal policy conclusions of the highest order VRiLG Lothar Junemann Notar 9/2012

The Oxford Study on Costs and Funding of Civil Litigation
Introduction
National Approaches to Costs and Funding of Civil Litigation
The Price of Litigation: A Comparison of Jurisdictions
Policy Issues and Recommendations
Summary of Findings Tables and Appendices Questionnaire
Basis of charges for court fees and lawyers' fees
Success and contingency fees
Total minimum cost to claimant in the case studies
Claimant and defendant costs in the case studies
Ranges of court fees and lawyers' hourly rates
Currency conversion rates used in the case studies
National Reports
An Introduction to the Range of National Approaches
Australia
Belgium
Canada
The People's Republic of China
Denmark
England and Wales
England and Wales
Summary of the Jackson Costs Review
England and Wales: Woolf for Slow Learners
France
Theoretical Perspectives Yvon Desdevises
The Rules on Funding and Costs Anne-Laure Villedieu
Germany
Japan
Latin America: Manuel A Gomez A Regional Report
The Netherlands
The Netherlands: Policy Observations
New Zealand
Poland
Portugal
Russia
Spain Aranzazu
Switzerland
Taiwan
The United States of America
Table of Contents provided by Publisher. All Rights Reserved.

ISBN: 9781849461023
ISBN-10: 1849461023
Series: Civil Justice Systems
Audience: BAC
Format: Hardcover
Language: English
Number Of Pages: 580
Published: 17th November 2010
Publisher: Bloomsbury Publishing
Country of Publication: GB
Dimensions (cm): 23.5 x 15.88  x 3.81
Weight (kg): 1.03
Edition Number: 1