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The Costs and Funding of Civil Litigation

A Comparative Perspective

Editor(s): Christopher Hodges, Stefan Vogenauer, Magdalena Tulibacka
Media of The Costs and Funding of Civil Litigation
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Published: 17-11-2010
Format: Hardback
Edition: 1st
Extent: 580
ISBN: 9781849461023
Imprint: Hart/Beck
Series: Civil Justice Systems
Dimensions: 234 x 156 mm
RRP : £100.00
 

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About The Costs and Funding of Civil Litigation

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

Table Of Contents

Part I: The Oxford Study on Costs and Funding of Civil Litigation
Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka
Introduction
Section 1: National Approaches to Costs and Funding of Civil Litigation
Section 2: The Price of Litigation: A Comparison of Jurisdictions
Section 3: Policy Issues and Recommendations
Section 4: Summary of Findings
Tables and Appendices
Questionnaire
Table 1: Basis of charges for court fees and lawyers' fees
Table 2: Success and contingency fees
Table 3: Total minimum cost to claimant in the case studies
Table 4: Claimant and defendant costs in the case studies
Table 5: Ranges of court fees and lawyers' hourly rates
Table 6: Currency conversion rates used in the case studies
Part II: National Reports
1. An Introduction to the Range of National Approaches Christopher Hodges
2. Australia Camille Cameron
3. Belgium Vincent Sagaert and Ilse Samoy
4. Canada Eriks S Knutsen and Janet Walker
5. The People's Republic of China Michael Palmer and Chao Xi
6. Denmark Kristine Svenningsen, Jan-Erik Svensson and Anders Ørgaard
7. England and Wales John Peysner
8. England and Wales: Christopher Hodges
Summary of the Jackson Costs Review
9. England and Wales: Woolf for Slow Learners John Peysner
10. France
A. Theoretical Perspectives Yvon Desdevises
B. The Rules on Funding and Costs Anne-Laure Villedieu
11. Germany Burkhard Hess and Rudolf Hübner
12. Japan Ikuo Sugawara and Eri Osaka
13. Latin America: Manuel A Gómez
A Regional Report
14. The Netherlands Mark L Tuil
15. The Netherlands: Policy Observations Paulien M M van der Grinten
16. New Zealand Kim Economides and Graham Taylor
17. Poland Magdalena Tulibacka
18. Portugal Henrique Sousa Antunes
19. Russia Dmitry Maleshin
20. Spain Aránzazu Calzadilla Medina, Carlos Trujillo Cabrera and Alejandro Ferreres Comella
21. Switzerland Walter A Stoffel and James F Reardon
22. Taiwan Kuan-Ling Shen and Helena HC Chen
23. The United States of America Deborah R Hensler

Reviews

“What a treasure trove...most informative...a source of empirical findings and legal policy conclusions of the highest order” –  VRiLG Lothar Jünemann, Notar

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