Access to Justice

This book addresses an experiment in funding money damage claims in England from 2000 to 2013. The model - recoverable conditional fees - was unique and has remained so. It covers the development, amendment and effective abolition of the model, as well as the process of policy development and the motivation and objectives of the policy makers.

Autorentext

John Peysner is a non-practicing solicitor and Professor of Civil Justice at the University of Lincoln, UK. He is an Honorary Visiting Professor at City University, London. He was formerly at Nottingham Law School where he edited The Litigator and was founding Course Leader of the LLM in Advanced Litigation. He writes and teaches on national and international dispute resolution focusing on costs and financing of cases. He also teaches health law.

Inhalt

1. Introduction 2. The Development of Funding 3. The Theoretical Context 4. The Access to Justice Movement 5. Legal Aid, Conditional Fees and Labour 6. The Policy Process: Replacing Legal Aid by Recoverability 7. Where Did the Recoverability Policy Come From? 8. Economic Psychological Insights into the Process of Claiming and Agreeing Damages and Costs 9. The Cost War and its Casualties: Frogs and Temperature 10. Could it Have Been Different? An Alternative Evidence-Based Approach 11. A Suggested Approach 12. The Future of Funding: Jackson 13. Conclusion: Evidence-Based Policy and Civil Justice Reform