During the procedure and due to it costs arise, which, according to their amount, transparency and predictability, represent an important aspect in pursuing a legal action for individuals' interests. Issues raised by costs and funding are not important only for litigants and intermediaries but also in a wider sense. Affordability is one of the essential parameters of an effective justice system, and the comparison with foreign legal systems reveals worldwide trends and the price of litigation beyond one's own jurisdiction.
The main sources of litigation costs are court fees, lawyers' fees and expenses of evidence taking. Most systems have a general rule on cost shifting in line with the outcome of the case, which, however, does not mean that the winner is fully compensated in practice – one must also consider the many exceptions and modifications to which these basic rules are often subject.
Besides the question of who ultimately bears the costs, it is essential to know what the sums at stake are. Lawyers' fees represent the lion's share and their reimbursement is usually limited by the tariff system – a tool to provide predictability of costs. There is a trend towards deregulating lawyers’ fees.
Global trends indicate that the civil justice system is becoming increasingly commercialized. The overall financial burden of civil litigation is heavy, in general or in relation to the value of the dispute, and constitutes a barrier for access to justice. In particular, this applies to costs that are disproportionate to the value of the dispute. In response to this, most jurisdictions have developed mechanisms to distribute the financial risk of civil litigation. They range from traditional legal aid to modern models of litigation as an investment opportunity, such as legal insurance, group actions, third party funding, etc.
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