Affordable Costs in Civil Litigation

Journal of Judicial Administration, vol 23(3) pages 171-181 (February 2014)

9 Pages Posted: 28 Feb 2014

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: February 28, 2014

Abstract

Cost shifting policies have a profound effect on the way that litigation is conducted. To maintain a Rule of Law it is essential that courts are affordable. For court systems to provide affordable and efficient litigation processes they must have appropriate cost incentives to encourage that approach in the litigants and their advisors. This article describes a cost rule and scale that does so by providing fixed rate proportionate costs for each of the stages of the litigation to encourage efficient and proportionate use of court processes. A system of offers to encourage plaintiffs to accept a discount and defendants to actually pay any judgment sum are included. Importantly, litigants who exaggerate their claims, defenses and counterclaims are penalized under the cost formula.

Keywords: Legal costs, access to justice, offers, cost scales, civil litigation

JEL Classification: K41

Suggested Citation

Cannon, Andrew James, Affordable Costs in Civil Litigation (February 28, 2014). Journal of Judicial Administration, vol 23(3) pages 171-181 (February 2014), Available at SSRN: https://ssrn.com/abstract=2402585

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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