ABSTRACT
Most often, the private costs of conducting civil litigation are high. Litigants face court fees and charges, disbursements, fees for legal representation and costs of witnesses and experts, not to mention internal business costs, opportunity costs and psychological costs.2 Obviously, the fact that civil litigation imposes costs on both sides is, in itself, justied. In an imaginary universe where litigation came free of charge, perhaps the number of spurious summons and vexatious claims would impose excessive burdens on both courts and defendants. It could also give rise to the growth of a culture of litigiousness and reluctance to settle and reconcile. If, however, the costs of litigation are set too high or distributed unfairly, this may actually stand in the way of adequate ‘access to civil justice’. Therefore, the costs of litigation and how these are nanced are fundamental to access to justice and the quality of legal services.3
