Download or read book Litigation Costs in Civil Cases Multivariate Analysis written by Emery G. Lee and published by . This book was released on 2010 with total page 14 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 This title is included in Bloomsbury Professional's International Arbitration online service.
Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: The volume describes and analyzes how the costs of litigation in civil procedure are distributed in key countries around the world. It compares the various approaches, draws general conclusions from that comparison, and presents global trends as well as common problems and solutions. In particular, the book deals with three principal questions: First, who pays for civil litigation costs, i.e., to what extent do losers have to make winners whole? Second, how much money is at stake, i.e., how expensive is civil litigation in the respective jurisdictions? And third, whose money is ultimately spent, i.e., how are civil litigation costs distributed through mechanisms like legal aid, litigation insurance, collective actions, and success oriented fees? Inter alia, the study reveals a general trend towards deregulation of lawyer fees as well as a substantial correlation between the burden of litigation costs and membership of a jurisdiction in the civil and common law families. This study is the result of the XVIIIth World Congress of Comparative Law held under the auspices of the International Academy of Comparative Law.
Download or read book Litigation Costs Funding and Behaviour written by Willem H. van Boom and published by Taylor & Francis. This book was released on 2016-12-08 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Download or read book Review of Civil Litigation Costs written by Lord Justice Jackson and published by . This book was released on 2010-01-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Justice Jackson was required: to review the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost; to review case management procedures; to have regard to research into costs and funding; to consult widely; to compare our costs regime with those of other jurisdictions; and to prepare a report setting out recommendations with supporting evidence by 31st December 2009. A preliminary report was issued in May 2009 and is also published alongside the final report (ISBN 9780117064034). Major recommendations cover: conditional fee agreements, of which "no win, no fee" agreements are the most common species, and which have been the major contributor to disproportionate costs; success fees and ATE (after-the-event) insurance premiums should cease to be recoverable from unsuccessful opponents in civil litigation; success fees should come out of the damages awarded to the client; awards of general damages should be increased by 10 per cent, and the maximum amount of damages that lawyers may deduct for success fees be capped at 25 per cent of damages; lawyers should not be permitted to pay referral fees in respect of personal injury cases; qualified one way costs shifting, taking away the need for ATE insurance; fixed costs in fast track litigation; establishment of a Costs Council. Other sections of the report deal with: other funding issues; personal injuries litigation; some specific types of litigation; and controlling the costs - including pre-action protocols, greater use of alternative dispute resolution (ADR), disclosure, case and costs management by the judiciary.
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Lord Justice Jackson was required: to review the rules and principles governing the costs of civil litigation and to make recommendations in order to promote access to justice at proportionate cost; to review case management procedures; to have regard to research into costs and funding; to consult widely; to compare our costs regime with those of other jurisdictions; and to prepare a report setting out recommendations with supporting evidence by 31st December 2009. A preliminary report was issued in May 2009 and is also published alongside this final report (ISBN 9780117064034). Major recommendations cover: conditional fee agreements, of which "no win, no fee" agreements are the most common species, and which have been the major contributor to disproportionate costs; success fees and ATE (after-the-event) insurance premiums should cease to be recoverable from unsuccessful opponents in civil litigation; success fees should come out of the damages awarded to the client; awards of general damages should be increased by 10 per cent, and the maximum amount of damages that lawyers may deduct for success fees be capped at 25 per cent of damages; lawyers should not be permitted to pay referral fees in respect of personal injury cases; qualified one way costs shifting, taking away the need for ATE insurance; fixed costs in fast track litigation; establishment of a Costs Council. Other sections of the report deal with: other funding issues; personal injuries litigation; some specific types of litigation; and controlling the costs - including pre-action protocols, greater use of alternative dispute resolution (ADR), disclosure, case and costs management by the judiciary.
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: In January 2009, the then Master of the Rolls, Sir Anthony Clarke, appointed Lord Justice Jackson to lead a fundamental review of the rules and principles governing the costs of civil litigation. This report intends to establish how the costs rules operate and how they impact on the behavior of both parties and lawyers.
Download or read book An Analysis of Fee shifting Based on the Margin of Victory written by Lucian A. Bebchuk and published by . This book was released on 1994 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule of litigation cost allocation (under which each litigant bears its own expenses) nor the British rule (under which the losing litigant pays the attorneys' fees of the winning litigant) would induce plaintiffs to make optimal decisions to bring suit. In particular, plaintiffs may bring frivolous suits when litigation costs are sufficiently small relative to the amount at stake, and plaintiffs may not bring some meritorious suits when litigation costs are sufficiently large relative to the amount at stake. We analyze the effect of more general fee-shifting rules that are based not only upon the identity of the winning party but also on how strong the court perceives the case to be at the end of the trial -- that is, the 'margin of victory.' In particular, we explore how and when one can design such a rule to induce plaintiffs to sue if and only if they believe their cases are sufficiently strong. Our analysis suggests some considerations to guide the interpretation of Federal Rule of Civil Procedure 11.
Download or read book An Empirical Analysis of Alternative Rules for the Allocation of Legal Costs written by Andrew E. Abere and published by . This book was released on 1990 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book An Analysis of Fee Shifting Based on the Margin of Victory written by Lucian A. Bebchuk and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper shows that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule of litigation cost allocation (under which each litigant bears its own expenses) nor the British rule (under which the losing litigant pays the attorneys' fees of the winning litigant) would induce plaintiffs to make optimal decisions to bring suit. In particular, plaintiffs may bring frivolous suits when litigation costs are sufficiently small relative to the amount at stake, and plaintiffs may not bring some meritorious suits when litigation costs are sufficiently large relative to the amount at stake. This paper analyzes the effect of more general fee-shifting rules that are based not only upon the identity of the winning party but also on how strong the court perceives the case to be at the end of the trial -- that is, the quot;margin of victory.quot; In particular, this paper explores how and when one can design such a rule to induce plaintiffs to sue if and only if they believe their cases are sufficiently strong. The analysis suggests some considerations to guide the interpretation of Federal Rule of Civil Procedure 11.
Download or read book Assigning Liability for Court Costs written by Donald L. Martin and published by . This book was released on 1977 with total page 66 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book No Win No Fee Cost Shifting and the Costs of Civil Litigation written by Paul Fenn and published by . This book was released on 2014 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Expenditure on legal services has been rising for much of the last two decades and has attracted considerable policy attention in the UK. We argue that an important reason for this increase lies within the introduction of 'no win no fee' schemes in 1995 and a subsequent amendment which allowed claimants to shift additional costs (introduced by the 'no win no fee' schemes) onto losing defendants in 2000. In this paper, we evaluate the effect of the second of these reforms - that relating to the shifting of costs. We describe how this may have exacerbated the negative externality often associated with cost-shifting, which arises from losing litigants being held liable to pay their successful opponents' costs. We use a dataset consisting of (daily) employers' liability claims to undertake a regression discontinuity design (RDD) in order to see whether claimants' litigation costs increased following the introduction of the cost-shifting amendment. We find that costs increased by approximately 25% after the new policy was introduced, consistent with theoretical predictions. As well as providing a rare test of underlying theory (and the first with UK data), our analysis also points towards the need for more careful evaluation of policy in order to avoid unintended consequences of reform.
Download or read book Justice for All written by Brookings Institution and published by Brookings Institution Press. This book was released on 1989 with total page 49 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attacking Litigation Costs and Delay written by and published by . This book was released on 1984 with total page 84 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attacking Litigation Costs and Delay written by and published by . This book was released on 1984 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Costs and Burdens of Civil Discovery written by United States. Congress. House. Committee on the Judiciary. Subcommittee on the Constitution and published by . This book was released on 2012 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:
