
Economic Consequences of Litigation Worldwide
Description
Alles über E-Books | Antworten auf Fragen rund um E-Books, Kopierschutz und Dateiformate finden Sie in unserem Info- & Hilfebereich.
More details
Other editions
Additional editions

Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Table of Contents
- Introduction
- Statement of Purpose
- Scope of Project
- Stage I Fundamentals of Commercial Litigation
- Stage II Problems and Consequences
- Stage III Solutions and Proposals for Change
- Asia Pacific
- Asia Pacific: Summary
- Part A: The Project to Date
- Part B: Structure of the Legal Systems
- 1. Australia
- 2. New Zealand
- 3. Hong Kong
- 4. Singapore
- 5. Japan
- Part C: Overview of Problems, Consequences and Solutions
- 1. Introduction
- 2. Specialized Courts
- 3. The Costs Associated with Commercial Litigation
- 4. Delay
- 5. Access
- 6. Solutions
- Australia
- Stage I: Features of the Australian Litigious System
- 1. Introduction
- 2. Adversarial System
- 3. Resources
- 4. Court System
- 5. Process
- 6. Labour Intensive/Extensive
- 7. Controls/Delays
- 8. Application of Rules
- 9. Unpredictability and Risk
- 10. Legal Profession/Structure
- 11. Costs Orders
- 12. Class Actions
- 13. Contingency Fees
- Stage II: Economic Consequences of Commercial Litigation in Australia
- 1. Introduction
- 2. Access
- 3. Costs
- 4. Time and Delays
- 5. Methods of Obtaining Information (Discovery) and Presenting Evidence
- 6. Role of the Judiciary and Jury
- 7. Awards
- 8. Dispute Management
- Stage III: Problems and Solutions
- 1. Introduction
- 2. Problems
- 3. Solutions
- Hong Kong
- Stage I: Fundamentals of Commercial Litigation in Hong Kong
- 1. Court System
- 2. Trial Proceedings
- 3. Interlocutory Applications
- 4. Discovery
- 5. Witness Statement
- 6. Mode of Trial
- 7. Appeals
- 8. Practical Considerations Relating to the Hong Kong Trial Procedures
- Stage II: Problems and Consequences of Commercial Litigation in Hong Kong
- Stage III: Solutions and Proposals for Change
- Japan
- Stage I: Fundamentals of Commercial Litigation in Japan
- 1. Introduction
- 2. Court System
- 3. Court Procedures
- 4. Cost of Litigation
- 5. Reform of Civil Procedure Law
- Stages II and III: Problems, Consequences and Reform of Commercial Litigation in Japan
- 1. Introduction
- 2. Efforts to Improve the Judicial System
- 3. Shareholders' Derivative Actions
- 4. Product Liability Law
- 5. Increase of Legal Profession
- 6. Reform of Civil Litigation Act
- 7. Cost, Time and Delays Concerning Litigation
- New Zealand
- Stage I: Fundamentals of Commercial Litigation in New Zealand
- 1. Court System
- 2. Procedure
- 3. The Role of the Judge
- 4. Civil Procedure at the High Court
- 5. Costs
- 6. Other Features of the New Zealand Legal System
- 7. Alternative Dispute Resolution ("ADR")
- Stage II: Problems and Consequences of Commercial Litigation in New Zealand
- 1. Access
- 2. The Cost of Commercial Litigation in New Zealand
- 3. Delay
- 4. Methods of Obtaining Information (Discovery)
- 5. Role of the Judiciary and Jury
- 6. Awards
- 7. Dispute Management
- Stage III: Solutions and Proposals for Change
- 1. Introduction
- 2. Solutions
- 3. Legal Fees
- 4. Abolition of Appeals to the Privy Council
- 5. Conclusion
- Singapore
- Stage I: Fundamentals of Commercial Litigation in Singapore
- 1. Procedural Rules
- 2. The Court System and Jurisdiction
- 3. The Amendments to the Rules
- 4. Summary Judgment
- 5. Affidavit of Evidence-in-Chief
- 6. Pre-trial Conference
- 7. Court Fees
- 8. Offer to Settle
- 9. Powers of the Court to Strike Out
- 10. Personal Liability for Costs
- 11. Alternate Dispute Resolution
- 12. Conclusion
- Stage II: Problems and Consequences of Commercial Litigation in Singapore
- 1. Access
- 2. Costs
- 3. Time and Delays
- 4. Methods of Obtaining Information (Discovery) and Presenting Evidence
- 5. Court Dispute Resolution ("CDR")
- 6. Role of the Judiciary and Jury
- 7. Awards
- 8. Dispute Management
- 9. Issues & Proposals for Change
- Stage III: Solutions and Proposals for Change
- 1. The Twin Problems of Litigation
- 2. The Nature of Adversarial Litigation
- 3. Some Important Amendments
- 4. The High Costs of Litigation
- 5. The Results
- 6. Conclusion - Caution Against Denial of Justice
- Continental Europe
- Europe: Summary
- Part A. In General
- Part B: In Detail
- 1. Internal Causes of Delay
- 2. External Causes of Delay
- 3. Structural Causes of Delay
- Part C: Considerations on the Situation of the Judiciary in the Countries Studied
- 1. General Situation
- 2. Kinds of Existing Problems
- 3. Situation of Litigation
- 4. Final Remarks
- Denmark
- Stage I: Fundamentals of Commercial Litigation in Denmark
- 1. Introduction
- 2. Costs
- 3. Time
- 4. Procedures
- 5. Awards
- 6. Unique Aspects of Particular Substantive Areas
- 7. Other Matters
- Stage II: Problems and Consequences of Commercial Litigation in Denmark
- 1. Impact on Costs of Goods and Services
- 2. Impact on Ability to Do Business
- 3. General Concern and Criticism
- Stage III: Solutions and Proposals for Change
- France
- Stage I: Fundamentals of Commercial Litigation in France
- 1. The Court System
- 2. Judicial Proceedings
- 3. Current Techniques Used in Commercial Litigation
- 4. Time and Money
- 5. Special Procedures
- 6. Class Actions and Arbitration
- Stage II: Problems and Consequences of Commercial Litigation in France
- 1. Access
- 2. Costs
- Stage III: Solutions and Proposals for Change
- Germany
- Stage I: Fundamentals of Commercial Litigation in Germany
- 1. Introduction
- 2. Costs
- 3. Time
- 4. Procedures
- 5. Awards
- 6. Unique Aspects of Particular Substantive Areas
- Stage II: Problems and Consequences of Commercial Litigation in Germany
- 1. Access
- 2. Costs
- 3. Time and Delays
- 4. Method of Obtaining Information (Discovery) and Presenting Evidence
- 5. Role of the Judiciary and Jury
- 6. Awards
- 7. Dispute Management
- 8. Other Issues/Consequences
- Stage III: Solutions and Proposals for Change
- 1. General Concerns and Criticism
- 2. Remedies and Proposals for Change
- 3. Conclusion
- Selected Literature
- Italy
- Stage I: Fundamentals of Commercial Litigation in Italy
- 1. Introduction
- 2. Cost
- 3. Time
- 4. Procedures
- 5. Judgments
- 6. Patents
- Stage II: Problems and Consequences of Commercial Litigation in Italy
- 1. Access
- 2. Costs
- 3. Time and Delay
- 4. Methods of Obtaining Information and Presenting Evidence
- 5. Role of Judiciary and Judge
- 6. Awards
- 7. Dispute Management
- 8. Other Issues and Consequences
- Stage III: Solutions and Proposals for Change
- The Netherlands
- Stage I: Fundamentals of Commercial Litigation in The Netherlands
- 1. Introduction
- 2. Cost
- 3. Delay
- 4. Procedures
- 5. Awards
- 6. Unique Aspects of Particular Substantive Areas
- 7. Other Matters
- Stages II and III: Solutions and Proposals for Change
- 1. Access
- 2. Costs
- 3. Time and Delays
- 4. Methods of Obtaining Information (Discovery) and Presenting Evidence
- 5. Role of the Judiciary
- 6. Awards
- 7. Final Remarks
- Norway
- Stage I: Fundamentals of Commercial Litigation in Norway
- 1. The Structure of the Court System
- 2. Cost
- 3. Length of Proceedings
- 4. Procedure
- 5. Awards
- 6. Unique Aspects of Particular Substantive Areas
- 7. Other Matters
- Stage II: Problems and Consequences of Commercial Litigation in Norway
- 1. Impact on Costs of Goods and Services
- 2. Impact on Ability to Do Business
- 3. General Concerns and Criticism
- Stage III: Solutions and Proposals for Change
- Portugal
- Stage I: Fundamentals of Commercial Litigation in Portugal
- 1. Cost
- 2. Time
- 3. Procedures
- 4. Awards
- 5. Unique Aspects of Particular Substantive Areas
- Stage II: Problems and Consequences of Commercial Litigation in Portugal
- 1. Access
- 2. Costs
- 3. Time and Delays
- 4. Methods of Obtaining Information and Presenting Evidence
- 5. Role of the Judiciary and Jury
- 6. Awards
- 7. Dispute Management
- 8. Other Issues/Consequences
- 9. Solutions and Proposals for Change
- Stage III: Reform of Commercial Litigation in Portugal
- Spain
- Stage I: Fundamentals of Commercial Litigation in Spain
- 1. Introduction
- 2. Costs
- 3. Time
- 4. Procedures
- 5. Unique Aspects of Particular Substantive Areas
- Stage II: Problems and Consequences of Commercial Litigation in Spain
- 1. Introduction
- 2. Access to the Judicial Process
- 3. Reasonableness of the Allocation of Costs
- 4. Time and Delays
- 5. Methods of Obtaining Information and Presenting Evidence
- 6. Role of the Judiciary and Jury
- 7. Awards
- 8. Dispute Management
- 9. Other Issues/Consequences
- Stage III: Solutions and Proposals for Change
- 1. Cost and Duration of the Proceedings
- 2. Lack of Training and Specialization of the Judiciary
- 3. Inadequacy and Obsoleteness of the Procedural Legislation
- 4. Conclusion
- Literature
- Sweden
- Stage I: Fundamentals of Commercial Litigation in Sweden
- 1. Costs
- 2. Duration of Cases
- 3. Procedure
- 4. Awards
- 5. Unique Aspects of Particular Areas of Substantive Law
- 6. Other Matters
- Stage II: Problems and Consequences of Commercial Litigation in Sweden
- 1. Impact on Costs of Goods and Services
- 2. Impact on the Ability to Do Business
- 3. General Concerns and Criticism
- Stage III: Solutions and Proposals for Change
- Switzerland
- Stage I: Fundamentals of Commercial Litigation in Switzerland
- 1. Introduction
- 2. Cost
- 3. Time
- 4. Procedures
- 5. Awards
- 6. Unique Aspects of Particular Substantive Areas
- Stage II: Problems and Consequences of Commercial Litigation in Switzerland
- 1. Access
- 2. Costs
- 3. Time and Delay
- 4. Methods of Obtaining Information (Discovery) and Presenting Evidence
- 5. Role of the Judiciary and Jury
- 6. Awards
- 7. Dispute Management
- 8. Consequences
- Stage III: Solutions and Proposals for Change
- Selected Bibliography
- North America and the United Kingdom
- Canada
- Stage I: Fundamentals of Commercial Litigation in Canada
- 1. The Canadian Court System
- 2. Judicial Proceedings: The Course of an Action
- 3. Role of Lawyers and Judges
- 4. Current Techniques Used in Commercial Litigation
- 5. Time and Money
- 6. Special Procedures
- 7. Class Actions
- Stage II: Problems and Consequences of Commercial Litigation in Canada
- 1. General
- 2. Accessibility
- 3. Costs
- 4. Time Delays
- Stage III: Solutions and Proposals for Change
- 1. Role of the Legal Profession
- 2. Specialization
- 3. Costs
- 4. Case Management
- 5. Technological Changes
- 6. Alternative Institutions
- 7. Other Reforms
- 8. Conclusions
- England and Wales
- 1. Introduction
- 2. Case Management
- 3. Three Track System
- 3.1. The Fast Track
- 3.2. Multi-track
- 4. Pleadings
- 5. Offers to Settle
- 6. Summary Judgment
- 7. Expert Witnesses
- 8. Discovery
- 9. Multiparty Actions
- 10. Information Technology
- 11. Conclusion
- United States
- Stage I: Fundamentals of Commercial Litigation in the United States
- 1. Introduction
- 2. Federal and State Systems
- 3. Procedure
- 4. Costs of Litigation
- 5. Alternative Dispute Resolution
- Stage II: Problems and Consequences of Commercial Litigation in the United States
- 1. Introduction
- 2. Access
- 3. Costs
- 4. Time and Delays
- 5. Discovery
- 6. The Role of the Judiciary and the Jury
- 7. Damage Awards
- 8. Examining the Costs
- Stage III: Solutions and Proposals for Change
- 1. Introduction
- 2. Access
- 3. Discovery
- 4. The Judiciary
- 5. Alternative Dispute Resolution
- 6. Attorney Abuses
- Appendix
- Back Cover
System requirements
File format: PDF
Copy-Protection: Adobe-DRM (Digital Rights Management)
System requirements:
- Computer (Windows; MacOS X; Linux): Install the free reader Adobe Digital Editions prior to download (see eBook Help).
- Tablet/smartphone (Android; iOS): Install the free app Adobe Digital Editions or the app PocketBook before downloading (see eBook Help).
- E-reader: Bookeen, Kobo, Pocketbook, Sony, Tolino and many more (only limited: Kindle).
The file format PDF always displays a book page identically on any hardware. This makes PDF suitable for complex layouts such as those used in textbooks and reference books (images, tables, columns, footnotes). Unfortunately, on the small screens of e-readers or smartphones, PDFs are rather annoying, requiring too much scrolling.
This eBook uses Adobe-DRM, a „hard” copy protection. If the necessary requirements are not met, unfortunately you will not be able to open the eBook. You will therefore need to prepare your reading hardware before downloading.
Please note: We strongly recommend that you authorise using your personal Adobe ID after installation of any reading software.
For more information, see our eBook Help page.