New Trends In Financing Civil Litigation In Europe
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New Trends In Financing Civil Litigation In Europe
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Author : Mark Tuil
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
New Trends In Financing Civil Litigation In Europe written by Mark Tuil and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
This unique and timely book analyses the problem of financing civil litigation. The expert contributors discuss the legal possibilities and difficulties associated with several instruments - including cost shifting, fee arrangements, legal expense insurance and group litigation. The authors assess the impact of these instruments from a law and economics perspective and provide empirical information on the way in which they work in practice. A transatlantic perspective on financing civil litigation is also provided. New Trends in Financing Civil Litigation in Europe reveals that as well as improving access to justice, several instruments have the potential to screen cases based on their quality. The book also shows how the choice of instrument can affect the behaviour of actors throughout the litigation process.
Litigation Costs Funding And Behaviour
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Author : Willem H. van Boom
language : en
Publisher: Taylor & Francis
Release Date : 2016-12-08
Litigation Costs Funding And Behaviour written by Willem H. van Boom and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-12-08 with Law categories.
This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.
Eu Civil Justice
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Author : Burkhard Hess
language : en
Publisher: Bloomsbury Publishing
Release Date : 2016-01-14
Eu Civil Justice written by Burkhard Hess and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-01-14 with Law categories.
This seventh volume in the Swedish Studies in European Law series brings together some of the most prominent scholars working within the fast-evolving field of EU civil justice. Civil justice has an impact on matters involving, inter alia, family relationships, consumers, entrepreneurs, employees, small and medium-sized businesses and large multinational corporations. It therefore has great power and potential. Over the past 15 years a wealth of EU measures have been enacted in this field. Issues arising from the implementation thereof and practice in relation to these measures are now emerging. Hence, this volume will explore the benefits as well as the challenges of these measures. The particular themes covered include forum shopping, alternative dispute resolution, simplified procedures and debt collection, family matters and collective redress. In addition, the deepening of the field that continues post-Lisbon has occasioned a new level of regulatory and policy challenges. These are discussed in the final part of the volume which focuses on mutual recognition also in the broader European law context of integration in the Area of Freedom, Security and Justice.
Collective And Mass Litigation In Europe
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Author : Astrid Stadler
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Collective And Mass Litigation In Europe written by Astrid Stadler and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
Written by leading authorities in the field of European civil procedure and collective redress, this timely book explores the model collective proceedings rules in the ELI/UNDROIT European Rules of Civil Procedure. It explains the intended application of this ‘best practice’ set of collective redress rules, intended to promote greater consistency in civil and commercial court procedure across Europe, linking to existing European practice and initiatives in the field.
The Future Of Civil Litigation
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Author : Laura Ervo
language : en
Publisher: Springer
Release Date : 2014-07-05
The Future Of Civil Litigation written by Laura Ervo and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-07-05 with Law categories.
This book offers an analysis of the current trends and developments in Nordic civil litigation and is divided into four main parts. In the first part a picture of the current civil litigation landscape is provided by focusing on whether there is a truly Nordic form of civil litigation, the current state of Nordic civil litigation, the recent major reforms of civil procedure legislation and the effects of Europeanization. In the second part, the way rules on court-connected mediation have been implemented and practiced in the Nordic countries is discussed. The authors offer their insights on why court-connected mediation has not been fully embraced by Nordic lawyers and the Nordic approach to this type of mediation is contrasted with the Austrian and German approaches. In the third part, recent developments affecting access to justice in the Nordic countries are discussed. Among the topics are changes in legal aid schemes, the impact of recent civil procedure law reforms, hindrances for larger companies to use litigation as a method of dispute resolution and differences in costs and delays. Additionally, Alternative Dispute Resolution and Class or Group Actions are explored as methods to enhance access to justice. The potential adverse effects of Alternative Dispute Resolution and Group Actions are also examined, both in a Nordic and European context. In the final part, conclusions are drawn from both historical and future-oriented perspectives.
Third Party Funding
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Author : Gian Marco Solas
language : en
Publisher: Cambridge University Press
Release Date : 2019-09-26
Third Party Funding written by Gian Marco Solas and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-09-26 with Law categories.
Looks at legal, economic and policy issues related to third party funding in common law, civil law jurisdictions and international contexts.
Mass Torts In Europe
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Author : Willem H. van Boom
language : en
Publisher: Walter de Gruyter GmbH & Co KG
Release Date : 2014-10-14
Mass Torts In Europe written by Willem H. van Boom and has been published by Walter de Gruyter GmbH & Co KG this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014-10-14 with Law categories.
in recent years, there has been a growing interest in the legal aspects of mass torts in Europe. Both academics, legislatures, courts and policymakers throughout the whole of Europe have been struggling with the challenges that such ‚massification‘ of private law relationships poses both in and outside of tort law. The subject moves between the law of civil procedure, substantive tort law, access to justice debates and regulatory frameworks for mass disputes. This volume offers both a caleidoscopic review of real-life key cases of mass tort and an in-depth reflection on the broader implications of mass tort in Europe. Thus, the challenges posed by mass torts are explored, mapped and analysed.
Lawyering Europe
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Author : Antoine Vauchez
language : en
Publisher: Bloomsbury Publishing
Release Date : 2013-03-13
Lawyering Europe written by Antoine Vauchez and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-03-13 with Law categories.
While scholarly writing has dealt with the role of law in the process of European integration, so far it has shed little light on the lawyers and communities of lawyers involved in that process. Law has been one of the most thoroughly investigated aspects of the European integration process, and EU law has become a well-established academic discipline, with the emergence more recently of an impressive body of legal and political science literature on 'European law in context'. Yet this field has been dominated by an essentially judicial narrative, focused on the role of the European courts, underestimating in the process the multifaceted roles lawyers and law play in the EU polity, notably the roles they play beyond the litigation arena. This volume seeks to promote a deeper understanding of European law as a social and political phenomenon, presenting a more complete view of the European legal field by looking beyond the courts, and at the same time broadening the scholarly horizon by exploring the ways in which European law is actually made. To do this it describes the roles of the great variety of actors who stand behind legal norms and decisions, bringing together perspectives from various disciplines (law, political science, political sociology and history), to offer a global multi-disciplinary reassessment of the role of 'law' and 'lawyers' in the European integration process.
Financial Regulation And Civil Liability In European Law
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Author : Olha O. Cherednychenko
language : en
Publisher: Edward Elgar Publishing
Release Date : 2020-11-27
Financial Regulation And Civil Liability In European Law written by Olha O. Cherednychenko and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-11-27 with Law categories.
This insightful book provides a comprehensive analysis of the interplay between EU financial regulation and civil liability. It explores this interrelationship in order to determine whether a coordinated approach has been adopted.
Research Handbook On Private Enforcement Of Competition Law In The Eu
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Author : Barry J. Rodger
language : en
Publisher: Edward Elgar Publishing
Release Date : 2023-02-14
Research Handbook On Private Enforcement Of Competition Law In The Eu written by Barry J. Rodger and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-02-14 with Law categories.
The Research Handbook on Private Enforcement of Competition Law in the EU provides wide-ranging coverage of a key aspect of competition law enforcement which is undergoing constant and rapid growth in significance. The Handbook examines the private enforcement of competition law across the EU and beyond, shedding light on pertinent and underlying issues.