The Costs and Funding of Civil Litigation: A Comparative Perspective

This book contains the first major comparative study of litigation costs and methods of funding litigation in more than 30 jurisdictions. It w as 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 way s 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 the USA) and a further chapter on Latin American jurisdictions.

Christopher Hodges is Head of the CMS Research Programme on Civil Justice Systems at the Centre for Socio-Legal Studies, University of Oxford.

Stefan Vogenauer is Professor of Comparative Law and Director of the Institute of European and Comparative Law, University of Oxford, and a Fellow of Brasenose College.

Magdalena Tulibacka is a Senior Lecturer at the University of Westminster and an Associate Research Fellow at the Centre for Socio-Legal Studies, University of Oxford.