Category: Litigation Costs

Reform of the Costs Regime: Substantial Increase of German Court and Legal Fees

In its last session before the summer recess on July 5, 2013, and hence the last session of this parliament ahead of the general elections in September 2013, the German lawmakers passed a host of new laws. As items 68 and 69 on the packed agenda, the Upper Chamber (Bundesrat) approved the compromise reached in the mediation committee (Vermittlungsausschuss) of the Upper and the Lower House (Bundestag) on court and legal fees. Read More

International Comparisons of Litigation Costs: Europe, Japan, the United States and Canada

The U.S. Chamber of Commerce’s Institute for Legal Reform has come out with a study that compares litigation costs in the United States, Canada, Japan, and Europe. Not surprisingly, the U.S. have the highest litigation costs, measured as a percentage of GDP. Perhaps less expected: Within Europe, Germany has amongst the hightest growth rates of liability costs.  Read More

My Court Is Better Than Your Court – And Cheaper, Says English Justice Secretary

The idea that jurisdiction compete for business is getting increasing traction – in Germany, with initiatives like “Law Made in Germany” or English language proceedings in German courts, but even more so in England. The Lord Chancellor and Justice Secretary Chris Grayling this week spoke on his initiative “UK Legal Services on the International Stage”. Not surprisingly, he said that London offered an “unrivalled mix of judicial expertise in the fields of finance, business and property.” But then he went on to say that “resolving disputes in the UK is quicker and cheaper – saving businesses up to £1.4bn a year – but still results in cast-iron judgments that are respected around the world.” Read More

Litigation Funding: The German Advantage

Litigation funding is a topic  I have covered from different angles here on Dispute Resolution Germany. As I noted, there is virtually no regulation of third party funding in this country, nor are there civil law equivalents to the common law doctrines champerty and maintenance. So it is interesting to watch, as an interested by-stander, how things develop in England and the United States. Apparently, there are calls for regulation in these jurisdictions that are, rightly or wrongly, percieved by many as more liberal and less regulated than Germany. Read More