ISBN:
9789400722637
Language:
English
Pages:
Online-Ressource (XII, 314p. 5 illus, digital)
Series Statement:
Ius Gentium: Comparative Perspectives on Law and Justice 11
Series Statement:
SpringerLink
Series Statement:
Bücher
Parallel Title:
Buchausg. u.d.T.
Keywords:
Civil law
;
Civil Law
;
Law
;
Law
;
Civil law
Abstract:
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 spen
Abstract:
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 spen
Description / Table of Contents:
Preface; Contents; Contributors; Part I General Report; 1 Cost and Fee Allocation in Civil Procedure: A Synthesis; 1.1 Introduction: The Topic and Its Limits; 1.1.1 The Significance of Cost and Fee Rules; 1.1.2 The Importance of Comparative Perspectives; 1.1.3 From Obscurity to Prominence; 1.1.4 The Database -- The Developed Part of the World; 1.1.5 Overview; 1.2 Who Pays? The Basic Rules and Their Reasons; 1.2.1 The Basic Rule: To Shift or Not to Shift?; 1.2.1.1 Major Shifting; 1.2.1.2 Partial Shifting; 1.2.1.3 Minor Shifting; 1.2.2 Exceptions and Modifications
Description / Table of Contents:
1.2.2.1 Special Types of Litigation1.2.2.2 Party-Based Exceptions; 1.2.2.3 Sanctions for Causing Unnecessary Costs; 1.2.2.4 Split Outcomes; 1.2.2.5 Settlements; 1.2.3 Policies: Fairness or Instrumentalism?; 1.2.3.1 Basic Fairness; 1.2.3.2 Instrumentalist Considerations; 1.2.3.3 Pure Instrumentalism; 1.3 How Much? The Financial Risks of Litigation; 1.3.1 Court Costs: Trouble or Triviality?; 1.3.1.1 Computation; 1.3.1.2 Differences in Size; 1.3.1.3 Two Explanations; 1.3.2 Attorney Fees: The Lion's Share; 1.3.2.1 Computation; 1.3.2.2 From Schedule to Market; 1.3.2.3 Absolute and Relative Size
Description / Table of Contents:
1.3.2.4 Avoiding Attorney Fees1.3.3 The Expenses of Evidence: What Price Fact Gathering?; 1.3.3.1 Civil Law Systems; 1.3.3.2 Common Law Jurisdictions; 1.3.3.3 The United States Approach; 1.3.4 The Total Picture: Litigation Costs in Four Cases and Their Impact; 1.3.4.1 Small Claims; 1.3.4.2 Small to Medium Cases; 1.3.4.3 Medium to Large Disputes; 1.3.4.4 High-Value Litigation; 1.3.4.5 Litigation Costs and Access to Justice; 1.4 Whose Money? Access to Justice Through Mechanisms of Risk Distribution; 1.4.1 Legal Aid: Assisting the Needy; 1.4.1.1 Public Legal Aid; 1.4.1.2 Semi-official Assistance
Description / Table of Contents:
1.4.1.3 Pro Bono Work1.4.2 Litigation Insurance: Buying Protection; 1.4.2.1 Package-Deal Insurance; 1.4.2.2 Free-Standing Litigation Insurance; 1.4.2.3 British After-the-Event Insurance; 1.4.3 Collective Actions: Banding Together; 1.4.3.1 Class Actions; 1.4.3.2 Group Actions; 1.4.3.3 Organizations Pursuing Collective Interests; 1.4.4 Success-Oriented Fees: Winners Pooling with Losers; 1.4.4.1 Contingency Fees; 1.4.4.2 No-Win-No-Fee Agreements; 1.4.4.3 Success Premiums (Uplifts); 1.4.5 Outside Investment in Litigation: Sharing the Spoils; 1.4.5.1 Assignment of Claims
Description / Table of Contents:
1.4.5.2 Outside Litigation Funding1.5 In Conclusion: Grouping Cost and Fee Allocation Systems; 1.5.1 Regional and Cultural Clusters?; 1.5.2 Civil Law v. Common Law?; Part II National Reports; 2 The Price of Access to the Civil Courts Australia -- Old Problems, New Solutions: A Commercial Litigation Funding Case Study; 2.1 Introduction; 2.2 Overview of Litigation Funding and Costs in Australia 2; 2.3 Commercial Litigation Funding; 2.4 Conclusion; 3 Litigating in Austria -- Are Costs and Fees Worth It?; 3.1 Introduction; 3.2 Who Has to Bear the Costs?
Description / Table of Contents:
3.2.1 ''Major Shifting'' as the Basic Rule in Austria
Note:
Description based upon print version of record
DOI:
10.1007/978-94-007-2263-7
URL:
Volltext
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