Download Cost and Fee Allocation in Civil Procedure: A Comparative by Mathias Reimann (auth.), Mathias Reimann (eds.) PDF

By Mathias Reimann (auth.), Mathias Reimann (eds.)

The quantity describes and analyzes how the prices of litigation in civil approach are dispensed in key nations all over the world. It compares a number of the techniques, attracts normal conclusions from that comparability, and provides international tendencies in addition to universal difficulties and ideas. particularly, the ebook bargains with 3 significant questions: First, who will pay for civil litigation bills, i.e., to what volume do losers need to make winners complete? moment, how much cash is at stake, i.e., how pricey is civil litigation within the respective jurisdictions? And 3rd, whose cash is finally spent, i.e., how are civil litigation bills allotted via mechanisms like criminal relief, litigation coverage, collective activities, and luck orientated charges? Inter alia, the research finds a normal pattern in the direction of deregulation of legal professional charges in addition to a considerable correlation among the load of litigation expenditures and club of a jurisdiction within the civil and customary legislation families.

This research is the results of the XVIIIth international Congress of Comparative legislation held below the auspices of the foreign Academy of Comparative Law.

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Extra info for Cost and Fee Allocation in Civil Procedure: A Comparative Study

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38 M. 129 Second, all systems require that the applicant’s case pass a – variously defined – merits test; in other words, states do not fund long shot litigation. In addition, many systems impose various other kinds of restrictions, such as not covering liability of the other side’s expenses in case of defeat, providing only partial or temporary help or excluding certain kinds of disputes. 5). 2 Semi-official Assistance In several jurisdictions, needy parties can receive help from various public institutions, such as clinics operated by law faculties in Iceland, Israel, Mexico, Norway, and the United States; state bureaus in the Czech Republic; or public prosecutors in Poland.

59 Jackson Review, supra note 9, 184–193 18 M. Reimann equal than others: while the system generally embraces the loser pays principle, certain parties are not liable for costs even if they lose. This is most understandable with regard to indigents or recipients of social security (as in Belgium, Brazil, Russia, Spain, and Turkey). It becomes a bit more questionable where the state protects itself from cost liability, either in whole (public attorneys in Spain) or in part (particularly limited cost recovery in Greece) or by granting cost immunity to parties affiliated with it (such as soldiers and diplomatic personnel in Turkey).

In other words, while the “American rule” is the law only in the United States, it is the prevailing practice in a great number of civil cases in the world today. 62 Some systems (Brazil, Greece, Macau) provide for equal division of costs which would imply that the party with the higher bill can claim part of its costs from the other side. 166. The situation in the mixed jurisdictions of Israel and Scotland is similar. The big exception in the common law orbit is India where settlement rates are apparently low.

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