Willem H. van Boom – författare

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

This collection explores the practical operation of the law in the area of litigation costs and funding, and confronts the issue of how exposure to cost risks affects litigation strategy. It looks at the interaction of the relevant legal regime, regulatory framework and disciplinary rules with the behaviour of litigants, courts and legislatures, examining subjects such as cost rules and funding arrangements. The book discusses a wide range of topics such as cost-shifting rules, funding and mass tort litigation, cost rules and third-party funding (TPF) rules in specific areas such as intellectual property (IP) litigation, commercial arbitration, investment arbitration, the role of legal expense insurance arrangements, fee regulation and professional ethics. The contributors include renowned scholars, experts in their respective fields and well-versed individuals in both civil procedure and the practice of litigation, arbitration and finance. Together, they present a broad approach to the issues of costs, cost-shifting rules and third-party funding. This volume adds to the existent literature in combining topics in law and practice and presents an analysis of the most recent developments in this fast developing area.

The chapters, written by an international cast of scholars, reflect on the methods that they have applied in their own empirical work, spanning a wide breadth of research from psychological experiments in personal injury to field studies in criminology. Empirical Legal Research in Action not only reviews the advantages, limitations and challenges that such methods pose but also considers the value of empiricism to lawyers and the law. Vitally, the contributions offer an academic reflection on methodological challenges, as well as the relevance, of empirical research for lawyers.

This insightful book will be useful reading for academic researchers in law and for policymakers seeking to understand the methodological challenges of empirical work in legal research. Social sciences scholars will also find this book of interest to appreciate the multitude of methods in empirical legal research.

Contributors include: B. Boppre, J. Crijns, P. Desmet, C. Engel, J. Etienne, I. Giesen, H. Grootelaar, P. Mascini, C.P. Reinders Folmer, M. Rorie, S.S. Simpson, W. Voermans, W.H. van Boom, K. van den Bos, I. van Oorschot

The editors identify and respond to the need for reflection on the notion of ''mass justice''. The assembled contributors show that while private law is usually debated in terms of individual rights and duties, the reality is that these are deeply influenced by collective issues. They address examples such as the operation of class actions; the availability of insurance funds; the logistics of negotiating with and compensating a wide range of individuals; as well as distribution of assets in insolvency proceedings.

This unique and detailed book will appeal to academics and students of private law as well as those with an interest in law and society. Scholars from non-law disciplines with an interest in insurance and liability will also find this study thought-provoking, as will practitioners and policy makers.

Contributors: Z. Even, C. Hodges, G. Howells, E. Kocher, R. Lee, R. Merkin, D. Milman, R.A. Nagareda, W. Oosterveen, A. Stadler, R. Stech, J. Steele, W.H. van Boom, F.M.J. Verstijlen