Cost And Fee Allocation In Civil Procedure

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Cost and Fee Allocation in Civil Procedure

Author : Mathias Reimann
Publisher : Springer Science & Business Media
ISBN 13 : 940072263X
Total Pages : 312 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis Cost and Fee Allocation in Civil Procedure by : Mathias Reimann

Download or read book Cost and Fee Allocation in Civil Procedure written by Mathias Reimann and published by Springer Science & Business Media. This book was released on 2011-11-15 with total page 312 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

The Costs and Funding of Civil Litigation

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1847316158
Total Pages : 580 pages
Book Rating : 4.8/5 (473 download)

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Book Synopsis The Costs and Funding of Civil Litigation by : Christopher Hodges

Download or read book The Costs and Funding of Civil Litigation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2010-11-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Author : Willem H. van Boom
Publisher : Taylor & Francis
ISBN 13 : 1317104234
Total Pages : 262 pages
Book Rating : 4.3/5 (171 download)

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Book Synopsis Litigation, Costs, Funding and Behaviour by : Willem H. van Boom

Download or read book Litigation, Costs, Funding and Behaviour written by Willem H. van Boom and published by Taylor & Francis. This book was released on 2016-12-08 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Awards of Attorneys Fees by Federal Courts, Federal Agencies and Selected Foreign Countries

Author : Mary V. Capisio
Publisher : Nova Publishers
ISBN 13 : 9781590332467
Total Pages : 186 pages
Book Rating : 4.3/5 (324 download)

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Book Synopsis Awards of Attorneys Fees by Federal Courts, Federal Agencies and Selected Foreign Countries by : Mary V. Capisio

Download or read book Awards of Attorneys Fees by Federal Courts, Federal Agencies and Selected Foreign Countries written by Mary V. Capisio and published by Nova Publishers. This book was released on 2002 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: Awards of Attorneys Fees by Federal Courts, Federal Agencies & Selected Foreign Countries

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 300 pages
Book Rating : 4.0/5 (64 download)

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Book Synopsis Review of Civil Litigation Costs by : Great Britain. Ministry of Justice

Download or read book Review of Civil Litigation Costs written by Great Britain. Ministry of Justice and published by The Stationery Office. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Michigan Court Rules

Author : Kelly Stephen Searl
Publisher :
ISBN 13 :
Total Pages : 520 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Michigan Court Rules by : Kelly Stephen Searl

Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Guide to the Freedom of Information Act

Author :
Publisher : Government Printing Office
ISBN 13 :
Total Pages : 920 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Guide to the Freedom of Information Act by :

Download or read book Guide to the Freedom of Information Act written by and published by Government Printing Office. This book was released on 2009 with total page 920 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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

Judicial Regulation of Attorneys' Fees

Author : Thomas E. Willging
Publisher :
ISBN 13 :
Total Pages : 68 pages
Book Rating : 4.:/5 (327 download)

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Book Synopsis Judicial Regulation of Attorneys' Fees by : Thomas E. Willging

Download or read book Judicial Regulation of Attorneys' Fees written by Thomas E. Willging and published by . This book was released on 1985 with total page 68 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Analysis of Fee-Shifting Based on the Margin of Victory

Author : Lucian A. Bebchuk
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis An Analysis of Fee-Shifting Based on the Margin of Victory by : Lucian A. Bebchuk

Download or read book An Analysis of Fee-Shifting Based on the Margin of Victory written by Lucian A. Bebchuk and published by . This book was released on 2009 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper shows that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule of litigation cost allocation (under which each litigant bears its own expenses) nor the British rule (under which the losing litigant pays the attorneys' fees of the winning litigant) would induce plaintiffs to make optimal decisions to bring suit. In particular, plaintiffs may bring frivolous suits when litigation costs are sufficiently small relative to the amount at stake, and plaintiffs may not bring some meritorious suits when litigation costs are sufficiently large relative to the amount at stake. This paper analyzes the effect of more general fee-shifting rules that are based not only upon the identity of the winning party but also on how strong the court perceives the case to be at the end of the trial -- that is, the quot;margin of victory.quot; In particular, this paper explores how and when one can design such a rule to induce plaintiffs to sue if and only if they believe their cases are sufficiently strong. The analysis suggests some considerations to guide the interpretation of Federal Rule of Civil Procedure 11.

Civil Costs

Author : Peter T. Hurst
Publisher :
ISBN 13 : 9780414069169
Total Pages : 742 pages
Book Rating : 4.0/5 (691 download)

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Book Synopsis Civil Costs by : Peter T. Hurst

Download or read book Civil Costs written by Peter T. Hurst and published by . This book was released on 2018 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt:

An Analysis of Fee-shifting Based on the Margin of Victory

Author : Lucian A. Bebchuk
Publisher :
ISBN 13 :
Total Pages : 54 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis An Analysis of Fee-shifting Based on the Margin of Victory by : Lucian A. Bebchuk

Download or read book An Analysis of Fee-shifting Based on the Margin of Victory written by Lucian A. Bebchuk and published by . This book was released on 1994 with total page 54 pages. Available in PDF, EPUB and Kindle. Book excerpt: Abstract: We show that, when plaintiffs cannot predict the outcome of litigation with certainty, neither the American rule of litigation cost allocation (under which each litigant bears its own expenses) nor the British rule (under which the losing litigant pays the attorneys' fees of the winning litigant) would induce plaintiffs to make optimal decisions to bring suit. In particular, plaintiffs may bring frivolous suits when litigation costs are sufficiently small relative to the amount at stake, and plaintiffs may not bring some meritorious suits when litigation costs are sufficiently large relative to the amount at stake. We analyze the effect of more general fee-shifting rules that are based not only upon the identity of the winning party but also on how strong the court perceives the case to be at the end of the trial -- that is, the 'margin of victory.' In particular, we explore how and when one can design such a rule to induce plaintiffs to sue if and only if they believe their cases are sufficiently strong. Our analysis suggests some considerations to guide the interpretation of Federal Rule of Civil Procedure 11.

The Awarding of Attorney's Fees in Federal Courts

Author : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice
Publisher :
ISBN 13 :
Total Pages : 358 pages
Book Rating : 4.0/5 (18 download)

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Book Synopsis The Awarding of Attorney's Fees in Federal Courts by : United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice

Download or read book The Awarding of Attorney's Fees in Federal Courts written by United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, Civil Liberties, and the Administration of Justice and published by . This book was released on 1978 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Law of Costs in Civil Actions

Author : William Tidd
Publisher :
ISBN 13 :
Total Pages : 120 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis The Law of Costs in Civil Actions by : William Tidd

Download or read book The Law of Costs in Civil Actions written by William Tidd and published by . This book was released on 1793 with total page 120 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Review of Civil Litigation Costs

Author : Lord Justice Jackson
Publisher :
ISBN 13 : 9780117063761
Total Pages : pages
Book Rating : 4.0/5 (637 download)

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Book Synopsis Review of Civil Litigation Costs by : Lord Justice Jackson

Download or read book Review of Civil Litigation Costs written by Lord Justice Jackson and published by . This book was released on 2010-01-14 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney Fee Awards

Author : Alba Conte
Publisher : McGraw-Hill Companies
ISBN 13 :
Total Pages : 712 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Attorney Fee Awards by : Alba Conte

Download or read book Attorney Fee Awards written by Alba Conte and published by McGraw-Hill Companies. This book was released on 1993 with total page 712 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Awards of Attorneys' Fees by Federal Courts and Federal Agencies

Author : Henry Cohen
Publisher :
ISBN 13 : 9781604569889
Total Pages : 0 pages
Book Rating : 4.5/5 (698 download)

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Book Synopsis Awards of Attorneys' Fees by Federal Courts and Federal Agencies by : Henry Cohen

Download or read book Awards of Attorneys' Fees by Federal Courts and Federal Agencies written by Henry Cohen and published by . This book was released on 2008 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, the general rule, which derives from common law, is that each side in a legal proceeding pays for its own attorney. There are many exceptions, however, in which federal courts, and occasionally federal agencies, may order the losing party to pay the attorneys' fees of the prevailing party. The major common law exception authorises federal courts (not agencies) to order a losing party that acts in bad faith to pay the prevailing party's fees. There are also roughly two hundred statutory exceptions, which were generally enacted to encourage private litigation to implement public policy. Awards of attorneys' fees are often designed to help to equalise contests between private individual plaintiffs and corporate or governmental defendants. Thus, attorneys' fees provisions are most often found in civil rights, environmental protection, and consumer protection statutes. In addition, the Equal Access to Justice Act (EAJA) makes the United States liable for attorneys' fees of up to $125 per hour in many court cases and administrative proceedings that it loses (and some that it wins) and fails to prove that its position was substantially justified. EAJA does not apply in tax cases, but a similar statute, 26 U.S.C. § 7430, does. Most Supreme Court decisions involving attorneys' fees have interpreted civil rights statutes, and this book focuses on these statutes. It also discusses awards of costs other than attorneys' fees in federal courts, how courts compute the amount of attorneys' fees to be awarded, statutory limitations on attorneys' fees, and other subjects. In addition, it sets forth the language of all federal attorneys' fees provisions, and includes a bibliography of congressional committee reports and hearings concerning attorneys' fees. In 1997, Congress enacted a statute allowing awards of attorneys' fees to some prevailing criminal defendants.