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Out Now: Frontiers in Civil Justice

We are happy and proud that our book Frontiers in Civil Justice: Privatisation, Monetisation and Digitisation (eds. Xandra Kramer, Jos Hoevenaars, Betül Kas and Erlis Themeli) has been published by Elgar. It is a volume evolving from the ERC project Building EU Civil Justice, and contains excellent chapters by many colleagues we have worked with in the past years.

The book studies three interrelated frontiers in civil justice from a European and national perspectives, combining theory with policy and insights from practice: the interplay between private and public justice, the digitization of justice, and litigation funding. These current topics are viewed against the backdrop of the requirements of effective access to justice and the overall goal of establishing a sustainable civil justice system in Europe.

The combined works take on a pan-European perspective and zoom in on several European jurisdictions, thereby providing a holistic exploration of current civil justice debates and frontiers. The book includes chapters dedicated to the interaction between public and private justice, the digitisation of both private dispute resolution and court litigation, including the rapid development and use of advanced forms of Artificial Intelligence, and the funding of justice, especially collective actions and settlements by means of private funding and common funds.

The book can be ordered here. The first Introductory chapter is open access available on the EE website.

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Published: November 30, 2021

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

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

On 15 December 2021, the series kicked 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 presented a present a Law & Economics perspective.This first session was combined with the launch of the book New Pathways to Civil Justice in Europe (Springer, 2021) that resulted from an earlier conference organized by the ERC project team.

Judith Resnik (Yale University) who authored the concluding chapter (available open access), among others, discussed 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) focused on 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) zoomed in 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) presented a Law & Economics perspective on costs and funding, including rational apathy, risk aversion and agency problems.

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