A new book traces the origins and rationale for the ‘costs follow the event’ (loser pays) rule.
The Law of Costs in Ireland traces developments from the 13th century Statute of Gloucester through to the 1877 Supreme Court of Judicature Acts up to the Legal Services Regulations Act 2015 and the Mediation Act 2017.
Author Dr Jevon Alcock weighs up not only the loser pays rule but also the American (user pays) rule which is starting to gain traction in Ireland.
The book also examines the ubiquitous expansion of exceptions, which often appear to have no apparent connectivity. It considers legislative and jurisprudential developments in England and Wales, Australia, Canada and other jurisdictions, which follow the Supreme Court of Judicature architecture.
The notion of access to justice – open to all, like the Ritz Hotel –pervades the work. The foreword is written by Justice Michael Twomey of the High Court.
The cover design is based on the labyrinth from Chartres Cathedral, dating from the 13th century.