Costs and funding of civil litigation: a comparative study

Hodges, C., Vogenauer, S. and Tulibacka, M. 2009. Costs and funding of civil litigation: a comparative study. Oxford Legal Studies Research Paper No. 55-2009.

TitleCosts and funding of civil litigation: a comparative study
AuthorsHodges, C., Vogenauer, S. and Tulibacka, M.
TypeDiscussion paper
Abstract

The costs and the funding of litigation are central features of all civil justice systems. However, these issues have received relatively little attention by academic writers in general, and by comparative lawyers in particular. This study summarises the approach to costs and funding of civil litigation in 34 jurisdictions from all over the world. On the basis of a number of selected case studies, it compares court charges, lawyers’ fees and expenses for witnesses and the rules for cost shifting across legal systems. With regard to funding of litigation, we discuss contingency fees, success fees, conditional fee agreements, legal expenses insurance and the role of third party funders.

KeywordsCivil justice, Civil litigation, Civil procedure, Conditional fee agreement, Contingency fee, Costs , Expert, Legal aid, Legal expenses insurance, Litigation funding, Third party funding, Witness
Year2009
PublisherOxford Legal Studies Research Paper No. 55-2009
Publication dates
Published2009

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