This book examines the approach to costs and funding of civil litigation from a comparative perspective. Its first part sets out the results of a major study that was carried out by two of the research Centres of the Faculty of Law of the University of Oxford, namely the Centre for Socio-Legal Studies and the Institute of European and Comparative Law, in 2009. The study is based on a number of reports that were prepared by scholars and practitioners from all over the world. Some of these national reports are reproduced in the second part of the book. The study was conducted against the background of, and designed to feed into, a recent fundamental review of civil litigation costs in England and Wales. This was initiated by the then Master of the Rolls, Sir Anthony Clarke, in 2008. He appointed Lord Justice Jackson to conduct an enquiry with a view to making recommendations in order to promote access to justice at proportionate cost. The massive Final Report of the Jackson Review was published in December 2009 (a summary is provided in Chapter 8 of this book). It drew on a wide variety of sources, inter alia the preliminary results of our study, which had been published on the Social Sciences Research Network (SSRN). The Jackson Review sets forth a large number of suggestions for wide-ranging reforms of the English costs rules, and their implementation is currently discussed. We hope that this book can help to inform these discussions. We are extremely grateful to all those who helped us in conducting the study and producing this book. First of all, warm thanks are due to the many academics and practitioners who, within very tight schedules, provided information, data and written contributions for the initial study in 2009 and for this book. They are listed at pages xiii to xviii, below. We are equally indebted to Mr Francis Denning for processing the figures on the case studies and creating the charts and to Mr James Reardon for copy editing. We are also much obliged to international law firm CMS EEIG. They provided generous funding of the Oxford conference in July 2009 at which the preliminary findings of this study were discussed. Finally, we are most grateful to Richard Hart and his team at Hart Publishing who have assisted with their usual expertise and unflappable flexibility, not least in producing this book within a very short time frame.
- Comparative law,
- Costs (Law),
- Cross cultural studies
Manuel A. Gómez, Latin America, in THE COSTS AND FUNDING OF CIVIL LITIGATION: A COMPARATIVE PERSPECTIVE, (Christopher Hodges, Stefan Vogenauer and Magdalena Tulibacka eds., 2011).