Designing Cost Policies to Provide Sufficient Access to Lower Courts

23 Civil Justice Quarterly 198-253

59 Pages Posted: 3 Nov 2012

See all articles by Andrew J. Cannon

Andrew J. Cannon

University of Adelaide - School of Law; Münster University; Flinders University - School of Law

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

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

Andrew James Cannon (Contact Author)

University of Adelaide - School of Law ( email )

Ligertwood Building
Adelaide 5005, South Australia SA 5005
Australia

Münster University ( email )

Schlossplatz 2 48149
Münster, North Rhiine Westphalia 48149
Germany

Flinders University - School of Law ( email )

Adelaide S.A. 5001
Australia

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