Litigation, Costs, Funding and Behaviour: Implications for the Law
Editat de Willem H. van Boomen Limba Engleză Hardback – 7 dec 2016
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Specificații
ISBN-13: 9781472482891
ISBN-10: 1472482891
Pagini: 262
Ilustrații: 10
Dimensiuni: 174 x 246 x 22 mm
Greutate: 0.61 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom
ISBN-10: 1472482891
Pagini: 262
Ilustrații: 10
Dimensiuni: 174 x 246 x 22 mm
Greutate: 0.61 kg
Ediția:1
Editura: Taylor & Francis
Colecția Routledge
Locul publicării:Oxford, United Kingdom
Cuprins
Notes on Contributors
Preface
List of Abbreviations
1. Introduction
[Willem H. Van Boom]
2. Litigation costs and third party funding
[Willem H. Van Boom]
3. TPF and Its Alternatives: an Economic Appraisal
[Jef De Mot, Michael Faure and Louis Visscher]
4. ‘Playing the man not the ball’
[John Peysner]
5. Legal Costs Awards and Access to Justice in Dutch Intellectual Property Cases: How the IPR Enforcement Directive impacts on litigation and settlement behaviour in IP disputes
[Charlotte Vrendenbarg]
6. ‘Mercantile Adventurers’? The Disclosure of Third-Party Funding in Investment Treaty Arbitration
[Eric De Brabandere]
7. Experimenting with conditional fees in the Netherlands
[Ben van Velthoven and Peter van Wijck]
8. Financial Arrangements with Litigation Funders and Law Firms in Australian Class Actions
[Vicki Waye and Vince Morabito]
9. Funding of mass claims in Germany – caught between a rock and a hard place?
[Astrid Stadler]
10. Entrepreneurial motives in Dutch collective redress: Adding fuel to a ‘compensation culture’?
[Ilja Tillema]
Index
Preface
List of Abbreviations
1. Introduction
[Willem H. Van Boom]
2. Litigation costs and third party funding
[Willem H. Van Boom]
3. TPF and Its Alternatives: an Economic Appraisal
[Jef De Mot, Michael Faure and Louis Visscher]
4. ‘Playing the man not the ball’
[John Peysner]
5. Legal Costs Awards and Access to Justice in Dutch Intellectual Property Cases: How the IPR Enforcement Directive impacts on litigation and settlement behaviour in IP disputes
[Charlotte Vrendenbarg]
6. ‘Mercantile Adventurers’? The Disclosure of Third-Party Funding in Investment Treaty Arbitration
[Eric De Brabandere]
7. Experimenting with conditional fees in the Netherlands
[Ben van Velthoven and Peter van Wijck]
8. Financial Arrangements with Litigation Funders and Law Firms in Australian Class Actions
[Vicki Waye and Vince Morabito]
9. Funding of mass claims in Germany – caught between a rock and a hard place?
[Astrid Stadler]
10. Entrepreneurial motives in Dutch collective redress: Adding fuel to a ‘compensation culture’?
[Ilja Tillema]
Index
Notă biografică
Willem H. van Boom is Professor of Civil Law at at the Institute for Private Law, Leiden Law School, the Netherlands. His research interests include contracts, torts and insurance, consumer law and civil procedure and he has published widely on these and related areas.
Recenzii
'This volume represents a major contribution to the emerging literature on litigation costs. It should be of value to academic lawyers, economists and others, as well as those interested in, or responsible for, policy formulation on the funding and management of litigation.'
Paul Fenn, Emeritus Professor, Nottingham University Business School
'This book contains a wealth of information about litigation costs in different jurisdictions. It explores economic dimensions, as well as legal aspects, and discusses various ways of funding collective actions including third party funding.'
Adrian Zuckerman, Emeritus Professor of Civil Procedure, Oxford University, UK
'Modern commercial litigation is marked by a growing number of lawsuits in which considerable amounts of money are claimed. Strategies not only look at the performance and quality of the available court systems but also focus on the possibilities of financing large-scale litigation by third-party funders or by contingency fees, the possibilities of getting their own costs reimbursed and the risk of paying the costs and fees of the other party. This volume takes up these developments and provides for thoughtful insights into an area of procedural and commercial law which has been neglected for a long time. It is highly recommended to all stakeholders in legal practice and science who are involved and interested in these fascinating developments.'
Burkhard Hess, Director, Max Planck Institute, Luxembourg
Paul Fenn, Emeritus Professor, Nottingham University Business School
'This book contains a wealth of information about litigation costs in different jurisdictions. It explores economic dimensions, as well as legal aspects, and discusses various ways of funding collective actions including third party funding.'
Adrian Zuckerman, Emeritus Professor of Civil Procedure, Oxford University, UK
'Modern commercial litigation is marked by a growing number of lawsuits in which considerable amounts of money are claimed. Strategies not only look at the performance and quality of the available court systems but also focus on the possibilities of financing large-scale litigation by third-party funders or by contingency fees, the possibilities of getting their own costs reimbursed and the risk of paying the costs and fees of the other party. This volume takes up these developments and provides for thoughtful insights into an area of procedural and commercial law which has been neglected for a long time. It is highly recommended to all stakeholders in legal practice and science who are involved and interested in these fascinating developments.'
Burkhard Hess, Director, Max Planck Institute, Luxembourg
Descriere
This collection examines the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures. The book examines subjects such as cost rules, funding arrangements and their influence on the behaviour of litigants, courts and policymakers. The contributors include renowned scholars, each expert in their respective field and well versed in both civil procedure and the practice of litigation, arbitration and finance. Together, they guarantee a broad approach to the issues of costs, cost shifting rules and third party funding and how these impact on the proceedings, dynamics and strategies of litigants.