How much is a lawsuit in different countries of the world?
Access to justice is hampered by workloads of courts, but the cost of legal proceedings becomes an even more serious obstacle to justice. Where consideration will be faster and in which countries to resolve the dispute in court with minimal financial losses? How do countries cope with litigation and unlawful lawsuits?
The principle of accessibility of justice means an opportunity provided by law to go to court without hindrance for the protection of a violated right and to receive such protection. But, in fact, unhindered is an unattainable ideal.
For example, the British authorities decided that justice was very cheap. To eliminate such a “flaw”, the country raised the lawsuit filing fee. This makes it difficult for individuals and small businesses to access justice, British lawyers and small businesses say. However, compared to other countries, the British have nothing to worry about. According to the Worldjusticeproject.org resource, in 2015, the United Kingdom ranked 8th in terms of the effectiveness of justice, ahead of Belgium, France and the United States.
Now in the UK for filing a claim you need to pay from £ 35 to £ 10,000.
In Germany, the amount of state duty is determined depending on the price of the claim. The maximum cost for calculating the fee is € 30 million. In order to comply with the principle of equality, the court may provide assistance to the insolvent to help conduct the case or reduce the cost of a claim.
As for France, before January 1, 2014, it was necessary to purchase a stamp for € 35. However, now the filing of the claim has become free again. The average cost of settling commercial disputes varies in different regions and averages € 70-90 for both parties.
In the US, the price of equity varies depending on the state and depends on the amount of claims, type of case, category of court. On average, the minimum amount can reach $ 250-300. Here you need to add the services of a lawyer, which cost from $ 50 to several thousand per hour. Expertise and expert testimony is also paid for - from a few hundred to several thousand dollars, depending on the nature of the case.
When initiating arbitration proceedings in Russia, the minimum fee for filing a property claim is 2000 rubles. (€ 28), and the maximum - 200,000 rubles. (€ 2,800). Appeal and cassation complaints - 3000 rub. (€ 42). The cost of the process increases the expertise and costs of lawyers. Examinations cost from a few thousand to several tens of thousands rubles, depending on the case, and the services of lawyers range from a few hundred rubles to several thousand per hour. More "elite" lawyers can cost $ 100-300 per hour.
Court as a waste of time
The courts of India are very busy. In order to consider all cases, the Supreme Court of India will need more than 450 years. And not everyone has the financial opportunity to sue. Of course, this situation is the exception rather than the rule.
However, in Russia the burden on judges is excessive.
Scientifically justified here is called the load of 16 cases per month. In fact, it reaches an average of 30 cases per week, and in many judges (12.4%) - up to 50.
They complain about working conditions in Europe. For example, German judges complain that they have to work on weekends. At the same time in Germany, the judge considers a year, according to the Yale University research, 271 cases, in France - 341.
European figures pale before the Latin American: for example, according to the data of the same study in Chile, the judge must consider 13,348 cases per year.
The souts will pay twice as much
Those who love the court as a process could be fined.
It is necessary to be very careful when it comes to introducing liability for litigation, both criminal / administrative and civil, since such behavior can be a manifestation of mental disorders, and such people need help, not punishment. Perhaps that is why many countries have chosen a different path.
There are no fines per barratly in Germany. However, if the court recognizes the filing of a claim by abuse of the right, it will refuse to accept the application, and the appellant will be obliged to reimburse the defendant for all costs.
The European Court also allows in exceptional cases the possibility of restricting access to court for individuals who are prone to barratly.
This phenomenon could be limited by raising court fees, which is what some members of the community are calling for. Such proposals are associated, among other things, with the inflation process, when for objective economic reasons the size of the duty can no longer serve as a filter. However, according to lawyers, if for the solution of these problems to raise the duty, for many individual entrepreneurs and small firms high rates will become a real obstacle for the protection of legitimate interests.