Cost and Fee Allocation in Civil Procedure A Comparative Study

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,...

Full description

Main Author: Reimann, Mathias
Corporate Author: SpringerLink (Online service)
Format: eBook
Language:English
Published: Dordrecht Springer Netherlands 2012, 2012
Series:Ius Gentium: Comparative Perspectives on Law and Justice
Subjects:
Law
Online Access:
Collection: Springer eBooks 2005- - Collection details see MPG.ReNa
Summary: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
Physical Description:XII, 314 p. 5 illus digital
ISBN:9789400722637