Review Of Civil Litigation Costs

Author : Great Britain. Ministry of Justice,Rupert M. Jackson
Publisher : The Stationery Office
Page : 588 pages
File Size : 53,7 Mb
Release : 2010
Category : Law
ISBN : 0117064041

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Review of Civil Litigation Costs by Great Britain. Ministry of Justice,Rupert M. Jackson Pdf

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.

Author : Great Britain. Ministry of Justice
Publisher : Unknown
Page : 128 pages
File Size : 44,7 Mb
Release : 2009
Category : Civil procedure
ISBN : OCLC:428967733

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Review of Civil Litigation Costs by Great Britain. Ministry of Justice Pdf

Author : Great Britain. Ministry of Justice,Rupert M. Jackson
Publisher : The Stationery Office
Page : 388 pages
File Size : 47,6 Mb
Release : 2010
Category : Law
ISBN : 0117064033

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Review of Civil Litigation Costs by Great Britain. Ministry of Justice,Rupert M. Jackson Pdf

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.

Author : Lord Justice Jackson,Rupert Jackson Jackson,Lord Justice,Review of Civil Litigation Costs
Publisher : Unknown
Page : 128 pages
File Size : 49,9 Mb
Release : 2010-01-14
Category : Electronic
ISBN : 0117063762

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Review of Civil Litigation Costs by Lord Justice Jackson,Rupert Jackson Jackson,Lord Justice,Review of Civil Litigation Costs Pdf

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.

Author : Christopher Hodges,Stefan Vogenauer,Magdalena Tulibacka
Publisher : Bloomsbury Publishing
Page : 580 pages
File Size : 47,9 Mb
Release : 2010-11-17
Category : Law
ISBN : 9781847316158

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The Costs and Funding of Civil Litigation by Christopher Hodges,Stefan Vogenauer,Magdalena Tulibacka Pdf

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

Author : Willem H. van Boom
Publisher : Taylor & Francis
Page : 246 pages
File Size : 45,8 Mb
Release : 2016-12-08
Category : Law
ISBN : 9781317104230

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Litigation, Costs, Funding and Behaviour by Willem H. van Boom Pdf

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.

Author : Rabeea Assy,Andrew Higgins
Publisher : Oxford University Press, USA
Page : 305 pages
File Size : 40,7 Mb
Release : 2020-05-14
Category : Law
ISBN : 9780198850410

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Principles, Procedure, and Justice by Rabeea Assy,Andrew Higgins Pdf

This collection is in honour of Adrian Zuckerman, Emeritus Professor of Civil Procedure at the University of Oxford. Bringing together a distinguished group of judges and academics to reflect on the impact of his work on our understanding of civil procedure and evidence today. An internationally renowned scholar, Professor Zuckerman has dedicated his professional life to the law of evidence and civil procedure, drawing attention to the principles and policies that shape litigation practice and their wider social impact. His pioneering scholarship is admired by the judiciary and the academy and has influenced several major reforms of the civil justice system including the Woolf Reforms that heralded the introduction of the Civil Procedure Rules, and Lord Justice Jackson's Review of Civil Litigation Costs. His work has also informed law reform bodies and courts in other jurisdictions. Building upon Professor Zuckerman's work, the contributors address outstanding problems in the field of civil procedure and evidence, and in keeping with Adrian's record of always exploring new areas, the book includes chapters on the prospects for a digital justice system, including the new online court being developed in England and the potential role of algorithms in the court room.

Author : Julian Bailey
Publisher : Bloomsbury Publishing
Page : 396 pages
File Size : 54,9 Mb
Release : 2018-11-15
Category : Law
ISBN : 9781509919956

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Construction Law, Costs and Contemporary Developments: Drawing the Threads Together by Julian Bailey Pdf

Lord Justice Jackson's retirement in March 2018 concluded a career of almost 20 years on the bench. His judicial career has seen a remarkable transformation of construction law, construction law litigation and the litigation landscape more generally. Drawing the Threads Together is a Festschrift which considers many of the important developments in these areas during the Jackson era. The Festschrift discusses most of the leading construction cases decided by Lord Justice Jackson, with subject matter including statutory adjudication, fitness for purpose obligations, consideration, delays and extensions of time, liquidated damages, time bar provisions, the prevention principle, neighbour rights, limitation clauses, negligence, good faith, bonds and guarantees and concurrent duties of care. It also includes a discussion of the background to the Jackson Review of Civil Litigation Costs (2009–2010) and its impact on litigation, as well as considering the development of the Technology and Construction Court during and subsequent to Mr Justice Jackson's tenure as judge in charge of that court.

Author : G. Peter Fraser
Publisher : Unknown
Page : 834 pages
File Size : 41,6 Mb
Release : 2020
Category : Actions and defenses
ISBN : 0433506008

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The Conduct of Civil Litigation in British Columbia by G. Peter Fraser Pdf

Author : Mathias Reimann
Publisher : Springer
Page : 0 pages
File Size : 49,5 Mb
Release : 2013-02-03
Category : Law
ISBN : 940076345X

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Cost and Fee Allocation in Civil Procedure by Mathias Reimann Pdf

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.

Author : J. Peysner
Publisher : Springer
Page : 190 pages
File Size : 45,5 Mb
Release : 2014-09-29
Category : Business & Economics
ISBN : 9781137397232

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Access to Justice by J. Peysner Pdf

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

Author : Trevor C.W. Farrow,Lesley A. Jacobs
Publisher : UBC Press
Page : 369 pages
File Size : 47,5 Mb
Release : 2020-09-01
Category : Law
ISBN : 9780774863605

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The Justice Crisis by Trevor C.W. Farrow,Lesley A. Jacobs Pdf

Unfulfilled legal needs are at a tipping point in much of the Canadian justice system. The Justice Crisis assesses what is and isn’t working in efforts to strengthen a fundamental right of democratic citizenship: access to civil and family justice. Contributors to this wide-ranging overview of recent empirical research address key issues: the extent and cost of unmet legal needs; the role of public funding; connections between legal and social exclusion among vulnerable populations; the value of new legal pathways; the provision of justice services beyond the courts and lawyers; and the need for a culture change within the justice system.

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
Page : 108 pages
File Size : 42,7 Mb
Release : 2010-11-15
Category : Law
ISBN : 010179472X

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Proposals for reform of civil litigation funding and costs in England and Wales by Great Britain: Ministry of Justice Pdf

In Lord Justice (Sir Rupert) Jackson's report, ’Review of Civil Litigation Costs: Final Report', (ISBN 9780117064041, January 2010 109 recommendations are put forward to promote access to justice at proportionate costs. This consultation sets out the proposals that the Government is taking forward as a priority. These include Sir Rupert's package of proposals on the reform of conditional fee agreements (CFAs) and on damages-based agreements (DBAs or ’contingency fees'). Sir Rupert also puts forward two alternative packages of recommendations should the primary recommendations not be implemented. These packages would introduce more rigorous control over the level of success fees and ATE insurance premiums that can be recovered from the losing side. The Government considers that the radical reform proposed in Sir Rupert's primary recommendation is needed, but these alternative measures are included in this consultation so that those responding can consider other options. This consultation also covers three other proposals from Sir Rupert's report. The first is to ensure proportionality of total costs. The second is allowing lawyers to enter into damages-based agreements (DBAs) with their clients in litigation before the courts. The use of these agreements is currently not permitted in litigation. However, the Government agrees with Sir Rupert that allowing DBAs would give litigants greater choice in deciding the most appropriate funding method for their case, and could increase access to justice for claimants if CFAs become less attractive. The third concerns increasing the hourly rate recoverable by a successful litigant in person.

Author : Andrew Higgins
Publisher : Oxford University Press, USA
Page : 353 pages
File Size : 55,5 Mb
Release : 2020
Category : Law
ISBN : 9780198863182

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The Civil Procedure Rules at 20 by Andrew Higgins Pdf

Civil Procedure Rules at 20 considers the successes and failures of the CPR, and current challenges faced by those designing, administering, and using the civil justice system.

Author : Mark Tuil,Louis Visscher
Publisher : Edward Elgar Publishing
Page : 221 pages
File Size : 41,7 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849808965

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New Trends in Financing Civil Litigation in Europe by Mark Tuil,Louis Visscher Pdf

This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.