Proposals For Reform Of Civil Litigation Funding And Costs In England And Wales

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Proposals for reform of civil litigation funding and costs in England and Wales

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780101794725
Total Pages : 108 pages
Book Rating : 4.7/5 (947 download)

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

Download or read book Proposals for reform of civil litigation funding and costs in England and Wales written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2010-11-15 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Reforming civil litigation funding and costs in England and Wales

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780101804127
Total Pages : 80 pages
Book Rating : 4.8/5 (41 download)

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Book Synopsis Reforming civil litigation funding and costs in England and Wales by : Great Britain: Ministry of Justice

Download or read book Reforming civil litigation funding and costs in England and Wales written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-03-29 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government response to the Consultation paper (Cm. 7947, 9780101804127) seeking views on proposals for implementing Sir Rupert Jackson's recommendations in the "Review of civil litigation costs: final report" (2010, ISBN 9780117064041). Dated March 2011

Review of Civil Litigation Costs

Author : Great Britain. Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780117064034
Total Pages : 388 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 388 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.

Legal aid reform in England and Wales

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780101807227
Total Pages : 290 pages
Book Rating : 4.8/5 (72 download)

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Book Synopsis Legal aid reform in England and Wales by : Great Britain: Ministry of Justice

Download or read book Legal aid reform in England and Wales written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-06-21 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Government response to Cm. 7967 'Proposals for reform of legal aid in England and Wales (ISBN 9780101796729) and sets out the plans to deliver the goals stated in that paper. The legal aid programme put forward includes: reform of the classes of cases and proceedings retained within the scope of legal aid; exceptional funding; amendment of merits test criteria for civil legal aid; establishment of the Community Legal Advice Telephone helpline; financial eligibility reforms; criminal remuneration; civil and family remuneration; expert fees and alternative sources of funding

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.

Proposals for the reform of legal aid in England and Wales

Author : Great Britain: Ministry of Justice
Publisher : Stationery Office
ISBN 13 : 9780101796729
Total Pages : 218 pages
Book Rating : 4.7/5 (967 download)

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Book Synopsis Proposals for the reform of legal aid in England and Wales by : Great Britain: Ministry of Justice

Download or read book Proposals for the reform of legal aid in England and Wales written by Great Britain: Ministry of Justice and published by Stationery Office. This book was released on 2010-11-15 with total page 218 pages. Available in PDF, EPUB and Kindle. Book excerpt: In ’The Coalition: our programme for government' (ISBN 9780108509179, May 2010), a review of legal aid in England and Wales was promised. This paper puts forward proposals which aim to support wider plans to move towards a simpler justice system; one which is more accessible to the public, which limits the scope for inappropriate litigation and the involvement of lawyers in issues which do not need legal input; and which supports people in resolving their issues out of Court, using simpler, more informal remedies. Against a backdrop of considerable financial pressure on the Legal Aid Fund, the proposals have been developed with the aim of providing a substantial contribution to the Ministry of Justice's target of a real reduction of 23% in its budget, worth nearly £2bn in 2014-15. Sound finances are critical to the delivery of the Government's ambitions for public services: reducing the burden of debt by reducing public spending is essential to economic recovery. It is estimated that the proposals set out in this consultation would, if implemented, deliver savings of some £350 million in 2014-15 from legal aid.

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Author : Great Britain
Publisher : The Stationery Office
ISBN 13 : 9780105610120
Total Pages : 148 pages
Book Rating : 4.6/5 (11 download)

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Book Synopsis Legal Aid, Sentencing and Punishment of Offenders Act 2012 by : Great Britain

Download or read book Legal Aid, Sentencing and Punishment of Offenders Act 2012 written by Great Britain and published by The Stationery Office. This book was released on 2012-05-11 with total page 148 pages. Available in PDF, EPUB and Kindle. Book excerpt: These notes refer to the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c.10) (ISBN 9780105410126) which received Royal Assent on 1 May 2012

Law and Corporate Behaviour

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1782255826
Total Pages : 704 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Law and Corporate Behaviour by : Christopher Hodges

Download or read book Law and Corporate Behaviour written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2015-10-22 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the theories and practice of how to control corporate behaviour through legal techniques. The principal theories examined are deterrence, economic rational acting, responsive regulation, and the findings of behavioural psychology. Leading examples of the various approaches are given in order to illustrate the models: private enforcement of law through litigation in the USA, public enforcement of competition law by the European Commission, and the recent reform of policies on public enforcement of regulatory law in the United Kingdom. Noting that behavioural psychology has as yet had only limited application in legal and regulatory theory, the book then analyses various European regulatory structures where behavioural techniques can be seen or could be applied. Sectors examined include financial services, civil aviation, pharmaceuticals, and workplace health & safety. Key findings are that 'enforcement' has to focus on identifying the causes of non-compliance, so as to be able to support improved performance, rather than be based on fear motivating complete compliance. Systems in which reporting is essential for safety only function with a no-blame culture. The book concludes by proposing an holistic model for maximising compliance within large organisations, combining public regulatory and criminal controls with internal corporate systems and external influences by stakeholders, held together by a unified core of ethical principles. Hence, the book proposes a new theory of ethical regulation.

Outcome-Based Cooperation

Author : Christopher Hodges
Publisher : Bloomsbury Publishing
ISBN 13 : 1509962492
Total Pages : 595 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Outcome-Based Cooperation by : Christopher Hodges

Download or read book Outcome-Based Cooperation written by Christopher Hodges and published by Bloomsbury Publishing. This book was released on 2022-09-22 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do we cooperate – in social, local, business, and state communities? This book proposes an Outcome-Based Cooperative Model, in which all stakeholders work together on the basis of trust and respect to achieve shared aims and outcomes. The Outcome-Based Cooperative Model is built up from an extensive analysis of behavioural and social psychology, genetic anthropology, research into behaviour and culture in societies, organisations, regulation, and enforcement. The starting point is acceptance that humanity is facing ever larger risks, which are now systemic and even existential. To overcome the challenges, humans need to cooperate more, rather than compete, alienate, or draw apart. Answering how we do that requires basing ourselves, our institutions, and systems on relationships that are built on trust. Trust is based on evidence that we can be trusted to behave well (ethically), built up over time. We should aim to agree common goals and outcomes, moderating those that conflict, produce evidence that we can be trusted, and examine our performance in achieving the right outcomes, rather than harmful ones. The implications are that we need to do more in rebasing our relationships in local groupings, business organisations, regulation, and dispute resolution. The book examines recent systems and developments in all these areas, and makes proposals of profound importance for reform. This is a new blueprint for liberty, solidarity, performance, and achievement.

Tort Law and the Legislature

Author : TT Arvind
Publisher : Bloomsbury Publishing
ISBN 13 : 1782250549
Total Pages : 546 pages
Book Rating : 4.7/5 (822 download)

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Book Synopsis Tort Law and the Legislature by : TT Arvind

Download or read book Tort Law and the Legislature written by TT Arvind and published by Bloomsbury Publishing. This book was released on 2012-12-21 with total page 546 pages. Available in PDF, EPUB and Kindle. Book excerpt: The study of the law of tort is generally preoccupied by case law, while the fundamental impact of legislation is often overlooked. At a jurisprudential level there is an unspoken view that legislation is generally piecemeal and at best self-contained and specific; at worst dependent on the whim of political views at a particular time. With a different starting point, this volume seeks to test such notions, illustrating, among other things, the widespread and lasting influence of legislation on the shape and principles of the law of tort; the variety of forms of legislation and the complex nature of political and policy concerns that may lie behind their enactment; the sometimes unexpected consequences of statutory reform; and the integration not only of statutory rules but also of legislative policy into the operation of tort law today. The apparently sharp distinction between judicially created private law principles, and democratically enacted legislative rules and policies, is therefore questioned, and it is argued that to describe the principles of the law of tort without referring to statute is potentially highly misleading. This book shows that legislation is important not only because of the way it varies or replaces case law, but because it also deeply influences the intrinsic character of that law, providing some of its most familiar characteristics. The book provides the first extended interpretation of legislative intervention in the law of tort. Each of the chapters, by leading tort scholars, deals with an aspect of the influence of legislation on the law of tort. While the nature, sources and extent of legislative influence in personal injury law is an essential feature of the collection, other significant areas of tort law are explored, including tort in the context of commercial law, labour law, regulation and the welfare state. Essays on the Compensation Act 2006 and Human Rights Act 1998 bring the current state of the interplay between tort, politics and legislation to the forefront. In all of these contexts, contributors explore the deeper lessons that can be learned about the nature of the law of tort and its changing role and functions over time. Cited with approval in the Singapore Court of Appeal by VK Rajah JA in See Toh Siew Kee vs Ho Ah Lam Ferrocement (Pte) Ltd and others, [2013] SGCA 29

A Practical Approach to Alternative Dispute Resolution

Author : Susan Blake
Publisher : Oxford University Press, USA
ISBN 13 : 0199644985
Total Pages : 640 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis A Practical Approach to Alternative Dispute Resolution by : Susan Blake

Download or read book A Practical Approach to Alternative Dispute Resolution written by Susan Blake and published by Oxford University Press, USA. This book was released on 2012-08-16 with total page 640 pages. Available in PDF, EPUB and Kindle. Book excerpt: A Practical Approach to Alternative Dispute Resolution will appeal to law students and practitioners looking for a book that deals with the full range of ADR processes. This comprehensive book covers the core topics on the dispute resolution module for the BPTC. Its practical focus highlights the key processes and procedures for each topic.

Government's proposed reform of legal aid

Author : Great Britain: Parliament: House of Commons: Justice Committee
Publisher : The Stationery Office
ISBN 13 : 9780215558923
Total Pages : 146 pages
Book Rating : 4.5/5 (589 download)

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Book Synopsis Government's proposed reform of legal aid by : Great Britain: Parliament: House of Commons: Justice Committee

Download or read book Government's proposed reform of legal aid written by Great Britain: Parliament: House of Commons: Justice Committee and published by The Stationery Office. This book was released on 2011-03-30 with total page 146 pages. Available in PDF, EPUB and Kindle. Book excerpt: Additional written evidence is contained in Volume III, available on the Committee's website at www.parliament.uk/justicecttee

Blackstone's Civil Practice 2013: The Commentary

Author : The Rt Hon Lord Justice Maurice Kay
Publisher : Oxford University Press, USA
ISBN 13 : 0199661375
Total Pages : 1876 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Blackstone's Civil Practice 2013: The Commentary by : The Rt Hon Lord Justice Maurice Kay

Download or read book Blackstone's Civil Practice 2013: The Commentary written by The Rt Hon Lord Justice Maurice Kay and published by Oxford University Press, USA. This book was released on 2012-09-27 with total page 1876 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed analysis of unrivalled quality, Blackstone's Civil Practice 2013: The Commentary delivers authoritative guidance on the process of civil litigation from commencement of a claim to enforcement of judgments, providing invaluable commentary on civil procedure in a new, concise format.

Draft Defamation Bill

Author : Great Britain: Ministry of Justice
Publisher : The Stationery Office
ISBN 13 : 9780101802024
Total Pages : 130 pages
Book Rating : 4.8/5 (2 download)

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Book Synopsis Draft Defamation Bill by : Great Britain: Ministry of Justice

Download or read book Draft Defamation Bill written by Great Britain: Ministry of Justice and published by The Stationery Office. This book was released on 2011-03-15 with total page 130 pages. Available in PDF, EPUB and Kindle. Book excerpt: This consultation paper sets out the Government's proposals for reform of the law on defamation, aiming to achieve balance between protection of freedom of speech and the protection of reputation. The Government wants to ensure that the threat of libel proceedings is not used to frustrate robust scientific and academic debate, or to impede responsible investigative journalism and the valuable work undertaken by nongovernmental organisations. Issues included in the draft Bill are as follows: a new requirement that a statement must have caused substantial harm in order for it to be defamatory; a new statutory defence of responsible publication on matters of public interest; a statutory defence of truth (replacing the current common law defence of justification); a statutory defence of honest opinion (replacing the current common law defence of fair/honest comment); provisions updating and extending the circumstances in which the defences of absolute and qualified privilege are available; introduction of a single publication rule to prevent an action being brought in relation to publication of the same material by the same publisher after a one year limitation period has passed; action to address libel tourism by ensuring a court will not accept jurisdiction unless satisfied that England and Wales is clearly the most appropriate place to bring an action against someone who is not domiciled in the UK or an EU Member State; removal of the presumption in favour of jury trial, so that the judge would have a discretion to order jury trial where it is in the interests of justice.

English Private Law

Author : Andrew Burrows
Publisher : OUP Oxford
ISBN 13 : 0191637874
Total Pages : 1663 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis English Private Law by : Andrew Burrows

Download or read book English Private Law written by Andrew Burrows and published by OUP Oxford. This book was released on 2013-08-08 with total page 1663 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this work has established itself as a key point of reference on English private law for lawyers in the UK and throughout the world. The book acts as an accessible first point of reference for practitioners approaching a private law issue for the first time, whilst simultaneously providing a lucid, concise and authoritative overview of all the key areas of private law. This includes contract, tort, unjust enrichment, land law, trusts, intellectual property, succession, family, companies, insolvency, private international law and civil procedure. Each section is written by an acknowledged expert, using their experience and understanding to provide a clear distillation and analysis of the subject. This new edition includes all the recent developments since the publication of the second edition in 2007. It covers some areas that were previously not addressed including arbitration in civil procedure, the Human Rights Act 1998 in tort law, and regulatory reform in the light of the global financial crisis. No other single text provides such comprehensive and lucid coverage of the whole of English private law as this one. It has come to be regarded as an essential item for every law library, reflecting its appeal to both English practitioners and those working in other jurisdictions. At the same time the book's depth of analysis, combined with its ease of reference, make it a favourite among academics and students worldwide.

Tort Law

Author : Kirsty Horsey
Publisher : Oxford University Press, USA
ISBN 13 : 0198718497
Total Pages : 721 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis Tort Law by : Kirsty Horsey

Download or read book Tort Law written by Kirsty Horsey and published by Oxford University Press, USA. This book was released on 2015 with total page 721 pages. Available in PDF, EPUB and Kindle. Book excerpt: This best-selling undergraduate textbook from leading academics Kirsty Horsey & Erika Rackley gives a comprehensive grounding in tort law and carefully chosen learning features help students to become engaged and critical thinkers.

Third Party Funding for Dispute Resolution

Author : Beibei Zhang
Publisher : Springer Nature
ISBN 13 : 9811610959
Total Pages : 232 pages
Book Rating : 4.8/5 (116 download)

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Book Synopsis Third Party Funding for Dispute Resolution by : Beibei Zhang

Download or read book Third Party Funding for Dispute Resolution written by Beibei Zhang and published by Springer Nature. This book was released on 2021-03-25 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book represents a comparative study of Third Party Funding (TPF) and its regulation in England, Hong Kong, Singapore, the Netherlands and the Mainland of China. It provides a general review of the background in which TPF grows and the platform where third party funders are allowed to operate. In each and every chosen jurisdiction, the book analyses the legal risks related to TPF, the regulatory measures and the questions surrounding the challenges that lay ahead. This book is featured by the empirical study of the Chinese TPF market. As of the time of this writing, TPF activities operating in China have not been expanded upon in English or Chinese literature. The language barrier may be one reason. The lack of empirical materials may also contribute to this situation. In order to obtain some first-hand evidence of the TPF market in China, the author conducted empirical research in Shenzhen, with the assistance of Chinese third party funders and some local organizations and authorities. The empirical study took the form of questionnaire surveys. The first survey saw in total 175 responses, and the second saw 18 responses. Due to the fact that many funding arrangements for commercial disputes are kept in the dark, it is hard, if not impossible, to measure the size of the Chinese TPF market. This study provides a dataset that serves a humble purpose; namely to offer an insight into the Chinese TPF market, rather than to grasp the full picture of the industry.