Litigation cost system in English civil litigation-英国硕士论文代写－r51due

英国essay论文精选范文：“Litigation cost system in English civil litigation”，这篇论文讨论了英国民事诉讼中的诉讼费用制度。英国民事司法改革的重要目标之一，是实现程序经济，降低诉讼成本，减轻当事人负担，故对诉讼费用制度进行了重大改革。在英国民事诉讼中，鉴于律师费用在诉讼成本中占据主要部分，因而，在英国所谓诉讼费用评定在某种程度上主要指的是核定当事人应向律师支付的费用。诉讼费用承担的一般规则是，败诉方承担胜诉方的诉讼费用。但这一规则不适用于根据当事人的申请或就高等法院家事法庭的诉讼提出上诉。

One of the important goals of civil justice reform in Britain is to realize the procedural economy, reduce the cost of litigation and reduce the burden on the parties. Therefore, the reform of the litigation cost system has been carried out. Chapter 43 to Chapter 48 of the Rules of Civil Procedure are all relevant to the costs of litigation. On 14 June 2000, the relevant procedural guidelines were amended and entered into force on 3 July 2000, the rules and litigation relating to litigation costs Guide vast, nearly eight thousand words. In this way, the previously complex rules of litigation costs are simplified. This paper intends to briefly introduce and comment on the litigation costs and their assessment in English civil litigation.

In English civil litigation, litigation costs are basically equivalent to the concept of litigation costs, which is not the same as the cost of our courts, as the litigants themselves sue, including fees, charges, disbursements, expenses, remuneration, reimbursement, and If the litigant is represented by a non-professional litigation agent in the case of a small trial handling system, any litigation fee or reward shall be included. The rules also provide that the court may assess the costs of carrying out the proceedings before the arbitrator or the umpire, the costs of the proceedings in the tribunal or other statutory body, and the attorneys' fees payable by the client to the lawyer. In view of the fact that the cost of attorneys occupies a major part in the cost of litigation, the so-called litigation costs in the UK are, to some extent, the costs of the attorneys who should be paid to the attorney.

The general rule of litigation costs is that the losing party is responsible for the litigation costs of the winning party. But this rule does not apply to proceedings in the Court of Appeal on the application of the client or in the proceedings of the Court of Appeal of the High Court; and the appeal or order in the probate procedure or family action, Court proceedings. The so-called Bullock command in the Commonwealth of England embodies the general principles of litigation costs.

The court may also make separate costs in accordance with the general costs of litigation. The court has discretion in respect of whether a party is responsible for the litigation costs of the other party, the amount of the costs incurred and the time at which the costs are paid. Where the litigant participates improperly, for example, the party or the litigation agent fails to submit a detailed assessment procedure for the costs of the proceedings in accordance with the rules or the court order, or the court considers that the party or the litigation agent is in the process of initiating the costs of the proceedings, before or during the proceedings If the act is unreasonable or inappropriate, the court shall not be entitled to compensate for all or part of the assessed costs of the assessment or to order the wrong party or litigation agent to bear the costs of any other party arising from his fault.

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In deciding whether or not to make an order in respect of litigation costs, the court shall take into account various factors, including the conduct of the parties; whether the parties are partially successful; the court has taken note that a party has made a payment or settlement of the offer to the court. The parties to the case, a particular proposition or a statement of the parties to the case, the parties to the case, a particular proposition or The plaintiffs prevailed, but whether the claim was exaggerated in whole or in part. Where the judgment or order has determined the costs of the litigation, the parties shall, within 14 days from the date specified in the judgment or order, perform the order for payment of the costs of litigation within 14 days from the date specified in the certificate of claim.

The court assesses the amount of litigation costs, based on the basis of the standard or compensation. The so-called standard basis, refers to the amount of the amount claimed in accordance with the cost of compensation; compensation basis, refers to the actual reasonable costs to be compensated. The two foundations have their own rationality and malpractice, but the measure of litigation costs is generally based on the proportion of the amount of the subject matter of the litigation, and the United Kingdom has not yet in accordance with the amount of the subject matter of the specific provisions of the charges, so the amount of litigation claims and litigation costs There is no proportional relationship, especially in small litigation, the proportion of litigation costs may be higher than the amount of the claim, it may be equal to or even exceed the amount of the dispute.

In an interview with Lord Woolf's "Close to Justice" project, Professor Hazel Genn's empirical investigation of the appeals fees of the High Court showed that the amount of the claim was less than £ 12,500, 10,000 to 20,000 pounds accounted for 31%, more than 20,000 pounds accounted for 9%, and the investigation of nearly half of the case to settle the case, only 1/4 of the case by trial to adjourn the case; request amount of 12500 to 25,000 pounds Of the case, the cost of litigation accounted for the proportion of the amount of personal injury cases 41%, construction contract disputes 96%.

If the court makes an order for the costs of litigation, does not indicate that the basis of the assessment of the costs, or neither by the standard basis or by the basis of compensation assessment, it is considered according to the standard basis of assessment. But on any basis, the court is not allowed to bear the unreasonable litigation costs or the amount of unreasonable litigation costs.

The court shall take into account the following factors in determining the amount of the costs of the litigation: the conduct of the parties, in particular the action before the action, the action in the proceedings, and the efforts to try to resolve the dispute; the amount or value of any money or property; the matter relates to all parties The importance of the particular complexity of the matter or the difficulty or novelty of the question; the skills, effort, expertise and sense of responsibility involved; the time spent in the case; the location and circumstances of the business or part of the business.

The court ordered the other party to pay the litigation costs to the other party, both the cost of litigation can be easily assessed, but also ordered by the litigation costs of the cost of a detailed assessment of the costs. Therefore, the court's litigation cost assessment includes two types of procedures: First, a simple assessment, refers to the court in the order of the costs of the order, ordered to pay a certain amount of money costs of the proceedings, simple assessment does not apply fixed costs or detailed assessment rules; 2. A detailed assessment of the procedure for the award of the amount of the costs of litigation by a court officer under section 47 of the Rules.

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