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What price civil justice?

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  • Brian G Main

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  • Alan Peacock
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    Abstract

    In the jurisdictions both of England and Wales and of Scotland, the civil justice system is currently the subject of intense critical appraisal. This paper considers the current status of civil justice, beginning by asking what we expect from our system of civil justice and going on to analyse the supply and demand of civil legal services in market terms. The authors conclude that there is scope in the system for substantial experimentation with procedural reform. They suggest that as much as possible should be done to encourage the development of a cafeteria-style of civil justice system with improved information flows for consumers, and provision for innovations such as cost capping and risk sharing between legal representatives and clients, so providing consumers with more freedom of choice.

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    File URL: http://www.econ.ed.ac.uk/papers/confmp3.pdf
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    Bibliographic Info

    Paper provided by Edinburgh School of Economics, University of Edinburgh in its series ESE Discussion Papers with number 6.

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    Length: 35
    Date of creation: Nov 1998
    Date of revision:
    Handle: RePEc:edn:esedps:6

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    1. Rosen, Sherwin, 1981. "The Economics of Superstars," American Economic Review, American Economic Association, vol. 71(5), pages 845-58, December.
    2. Sherwin Rosen, 1991. "The Market for Lawyers," University of Chicago - George G. Stigler Center for Study of Economy and State 72, Chicago - Center for Study of Economy and State.
    3. Neil Rickman & Paul Fenn, 1998. "Insuring Litigation Risk: Some Recent Developments in England and Wales*," The Geneva Papers on Risk and Insurance - Issues and Practice, Palgrave Macmillan, vol. 23(2), pages 210-223, April.
    4. Bernstein, Lisa, 1992. "Opting Out of the Legal System: Extralegal Contractual Relations in the Diamond Industry," The Journal of Legal Studies, University of Chicago Press, vol. 21(1), pages 115-57, January.
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