The costs and funding of civil litigation : a comparative perspective

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The costs and funding of civil litigation : a comparative perspective

edited by Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka

Hart, 2010

  • : Hart

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Includes index

内容説明・目次

内容説明

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

目次

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 Orgaard 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 Hubner 12. Japan Ikuo Sugawara and Eri Osaka 13. Latin America: Manuel A Gomez 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 Aranzazu 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

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