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Cost and Fee Allocation in Civil Procedure

A Comparative Study

  • Mathias Reimann

Part of the Ius Gentium: Comparative Perspectives on Law and Justice book series (IUSGENT, volume 11)

Table of contents

  1. Front Matter
    Pages i-xii
  2. General Report

    1. Front Matter
      Pages 1-1
  3. National Reports

    1. Front Matter
      Pages 57-57
    2. Alexandre Alcino de Barros, Sílvia Julio Bueno de Miranda
      Pages 89-97
    3. Jarkko Männistö
      Pages 127-135
    4. Burkhard Hess, Rudolf Huebner
      Pages 151-162
    5. Alessandra De Luca
      Pages 185-194
    6. Marco B.M. Loos
      Pages 219-227
    7. Francisco López Símo, José Ángel Torres Lana
      Pages 259-266
    8. Martin Sunnqvist
      Pages 267-273
  4. Back Matter
    Pages 305-314

About this book

Introduction

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.

Keywords

Changes of Success in Litigation Civil Procedure Comparative Law Cost Allocation Cost Fee Regimes in Civil and Common Law Cost and Fee Allocation in Civil Procedure Cost of Distribution Regimes Deciding to Fight in Court Diminishing Access to Justice Financial Burden of Litigation Law of Costs and Fees Litigation Costs Middle Class Litigants The Cost of Litigation Understanding Cost of Fee Allocation Rules Who is Being Denied Access to Justtice

Editors and affiliations

  • Mathias Reimann
    • 1
  1. 1., Law SchoolUniversity of MichiganAnn ArborUSA

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