Costs and Funding of Civil Litigation : A Comparative Perspective

Hodges, Christopher (EDT); Vogenauer, Stefan (EDT); Tulibacka, Magdalena (EDT)

ISBN 10: 1849461023 / ISBN 13: 9781849461023

Editore: Hart/Beck, 2010

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Dati bibliografici

• Titolo: Costs and Funding of Civil Litigation : A Comparative Perspective
• Editore: Hart/Beck
• Data di pubblicazione: 2010
• Lingua: Inglese
• ISBN 10: 1849461023
• ISBN 13: 9781849461023
• Rilegatura: Rilegato
• Condizione: New

Descrizione articolo

Riassunto

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

Informazioni sugli autori

Christopher Hodges is Professor of Justice Systems, Supernumerary Fellow of Wolfson College, Oxford, and Head of the Swiss Re Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, Oxford.
Stefan Vogenauer is Director of the Max Planck Institute for European Legal History, Frankfurt.
Magdalena Tulibacka is a Senior Lecturer at the University of Westminster and an Associate Research Fellow at the Centre for Socio-Legal Studies, University of Oxford.

Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, University of Oxford.
Stefan Vogenauer is Professor of Comparative Law and Director of the Institute of European and Comparative Law, University of Oxford, and a Fellow of Brasenose College.
Magdalena Tulibacka is a Senior Lecturer at the University of Westminster and an Associate Research Fellow at the Centre for Socio-Legal Studies, University of Oxford.