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Review of Civil Litigation Costs

Review of Civil Litigation Costs
Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
Total Pages: 588
Release: 2010
Genre: Law
ISBN: 9780117064041

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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.


Review of Civil Litigation Costs

Review of Civil Litigation Costs
Author: Great Britain. Ministry of Justice
Publisher: The Stationery Office
Total Pages: 388
Release: 2010
Genre: Law
ISBN: 9780117064034

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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.


Review of Civil Litigation Costs

Review of Civil Litigation Costs
Author: Lord Justice Jackson
Publisher:
Total Pages:
Release: 2010-01-14
Genre:
ISBN: 9780117063761

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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.


Review of Civil Litigation Costs

Review of Civil Litigation Costs
Author: Great Britain. Ministry of Justice
Publisher:
Total Pages:
Release: 2009
Genre: Civil procedure
ISBN:

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The Costs and Funding of Civil Litigation

The Costs and Funding of Civil Litigation
Author: Christopher Hodges
Publisher: Bloomsbury Publishing
Total Pages: 580
Release: 2010-11-17
Genre: Law
ISBN: 1847316158

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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.


Litigation, Costs, Funding and Behaviour

Litigation, Costs, Funding and Behaviour
Author: Willem H. van Boom
Publisher: Taylor & Francis
Total Pages: 246
Release: 2016-12-08
Genre: Law
ISBN: 1317104234

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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.


Cost and Fee Allocation in Civil Procedure

Cost and Fee Allocation in Civil Procedure
Author: Mathias Reimann
Publisher: Springer Science & Business Media
Total Pages: 312
Release: 2011-11-15
Genre: Law
ISBN: 940072263X

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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.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Principles, Procedure, and Justice

Principles, Procedure, and Justice
Author: Rabeea Assy
Publisher: Oxford University Press, USA
Total Pages: 305
Release: 2020-05-14
Genre: Law
ISBN: 0198850417

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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.


Guide to the Freedom of Information Act

Guide to the Freedom of Information Act
Author:
Publisher: Government Printing Office
Total Pages: 920
Release: 2009
Genre: Law
ISBN:

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Contains an overview discussion of the Freedom of Information Act's (FOIA) exemptions, its law enforcement record exclusions, and its most important procedural aspects. 2009 edition. Issued biennially. Other related products: Report of the Commission on Protecting and Reducing Government Secrecy, Pursuant to Public Law 236, 103d Congress can be found here: https: //bookstore.gpo.gov/products/sku/052-071-01228-1 Overview of the Privacy Act of 1974, 2015 Edition can be found here: https: //bookstore.gpo.gov/products/sku/027-000-01429-1