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Seminar Series Trends and Challenges in Costs and Funding of Civil Justice

From December 2021 – June 2022, the team of the Vici project ‘Affordable Access to Justice’ at Erasmus School of Law, will organize an online seminar series dedicated to Trends and Challenges in Costs and Funding of Civil Justice.

On 15 December, the series will kick off with a general session that will address several topics of access to justice and costs and funding, including collective redress and costs reforms, and will present a Law & Economics perspective.

The other seminars will zoom in on topics such as legal mobilization in Europe, the impact of Public Interest Litigation on access to justice, third party funding (TPF) in Europe, austerity policies in southern Europe and funding and costs of ADR in civil justice.

You can register for (one or more of) the seminars here.


UPCOMING EVENT: 15 December 2021, 15.30-17.30 CEST

First session: Access to Justice and Costs and Funding of Civil Litigation

The first seminar will discuss key topics and developments in costs and funding of litigation, including third-party litigation funding. It will be combined with the launch of the book New Pathways to Civil Justice in Europe (Springer, 2021) that emerged from an earlier conference organized by the ERC project team.

Judith Resnik (Yale University) who authored the concluding chapter (available open access) will, among others, discuss the question from which perspective to understand the civil legal system so as to make judgments about whether a system is just or unjust.

Ianika Tzankova (Tilburg University) will discuss access to justice against the background of trends in global dispute resolution where big players are shaping the future, and the funding of litigation.

John Sorabji (University College London) will focus on developments in costs and funding of civil justice, including the move to recoverable fees, the upcoming review of the Jackson costs reform and funding of representative actions.

Louis Visscher (Erasmus School of Law) will present a Law & Economics perspective on costs and funding, including rational apathy, risk aversion and agency problems.

The seminar will be introduced and moderated by Xandra Kramer, PI of the Vici and ERC projects at Erasmus School of Law.

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Published: June 9, 2021

The second EU Civil Justice seminar took place on Friday, 21 May 2021. On Focus during this seminar were the attempts of the European Union to digitise cross-border judicial cooperation. The aim of this initiative is to reduce the hurdles for such cooperation and eliminate the need for paper. Digital technologies are mature and safe enough to exchange sensitive documents between Member States institutions. Both citizens and public institutions will benefit from the speed and low costs of these solution. Considering this perspective, the European Commission is considering different routes which the speakers of the seminar discussed. Gösta Petri from the DG Justice explained the background and some of the implications that the digitisation of EU cross-border collaboration implies. He stressed the importance of digitisation and the need to evaluate already exiting tools. The next speaker, Sandra Taal from the Ministry of Justice of the Netherlands, provided an overview of eCodex, a cross-border communication infrastructure for the exchange of documents in Europe. eCodex has proven to be a very useful and reliable tool which explains why the EU plans to invest more on it. Taal agrees with Petri about the need to integrate eCodex with any other possible solution that Commission’s consultation will produce. The third speaker, Alina Ontanu from the Erasmus University Rotterdam, provided an extensive and in-depth overview of several European attempt to digitise cross-border judicial collaboration. While these experiences have had different degrees of success, they should be considered in their entirety and better orchestrated to achieve their goal. Erlis Themeli, who served as host and moderator, used the development of the voting procedure for the Eurovision Song Contest (which was taking place in Rotterdam during that same week) to make parallels with the need for more digitisation in Europe. This was the spark that ignited the discussion about the importance of cross-border digitisation, which turned out to be both inspiring and insightful for the speakers and the audience alike.