Designing Cost Policies to Provide Sufficient Access to Lower Courts
23 Civil Justice Quarterly 198-253
59 Pages Posted: 3 Nov 2012
Date Written: July 1, 2002
Abstract
This paper discusses the effect that cost shifting has on how parties use court processes for resolving disputes. This is related to policies that pass a party’s costs to a neutral such as an insurer or a lawyer.. This leads to some conclusions about how the cost to parties of access to courts affects the balance between how many disputes are resolved in lower courts and by other means.
Keywords: legal costs, access to justice, contingency and conditional fees, cost insurance, German Civil Code costs, cost scales
JEL Classification: K40, K41, K10, A12, D63, D74, H30
Suggested Citation: Suggested Citation
Cannon, Andrew James, Designing Cost Policies to Provide Sufficient Access to Lower Courts (July 1, 2002). 23 Civil Justice Quarterly 198-253, Available at SSRN: https://ssrn.com/abstract=2170213 or http://dx.doi.org/10.2139/ssrn.2170213
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