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Litigation, Costs, Funding and Behaviour : Implications for the Law - Willem H. van Boom
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Litigation, Costs, Funding and Behaviour

Implications for the Law

By: Willem H. van Boom (Editor)

Hardcover | 7 December 2016

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It is a moot point to argue that in litigation and other forms of dispute resolution, costs matter. The parties involved invest energy, resources and time in positioning their case as convincingly as they can or want. Apart from other expenses, they incur the cost of legal expenses, attorney fees, legal experts, court fees, et cetera. How does the prospect of having to bear the brunt of these costs affect litigation strategies and the willingness to settle? Do cost shifting rules further influence litigants' behaviour in this regard? And do third party funding arrangements cause further changes in this behavioural pattern? This collection explores the practical operation of the law in this area. It looks at 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. Chapters discuss varied topics such as cost shifting rules, funding and mass tort litigation, cost rules and TPF rules in specific areas such as IP litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation, and professional ethics. 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. The volume adds to the extant literature in combining topics in law and practice which have not been combined earlier in this fashion. Moreover, it presents an analysis of the most recent developments in this fast developing area.
Industry Reviews

'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


'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

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