Legal Expenses Research Articles

Green construction practices and economic performance: The mediating role of social performance and environmental performance.

Currently, there is a surge in the adoption of green construction practices (GCP) to address and attempt to alleviate the adverse effects of construction activities on the natural environment. The current research surrounding sustainability in the industry has witnessed a notable surge in efforts, primarily driven by a growing consciousness of environmental concerns. In this context, it is worth noting that the focus of assessment schemes in developed countries has predominantly gravitated towardeconomic and environmental factors, with relatively less emphasis placed on social performance (SP). Many researchers have underscored this disparity, highlighting the need for a more comprehensive approach encompassing all three sustainability dimensions. Hence, the present research examines the effects of green construction practices on economic performance (ECP) while considering the mediating role of environmental performance (EP) and SP. The results showed no direct impact of GCP on ECP. However, the mediating role of SPand EPin the association between GCP and ECP was found to be statistically significant. The present study provides several implications. This study presents empirical evidence that implementing GCP yields several benefits for contractors, including cost reduction in waste management, legal expenses, and energy consumption. These cost savings effectively offset the initial investment required to implement GCP, enabling construction projects to attain ECP thresholds. This study provides a significant contribution to the expanding corpus of knowledge concerning green building site practices and construction management. It offers novel insights into the influence of a project's EPand SP on its economic feasibility. Furthermore, this research study has effectively showcased the positive impact of GCPon construction projects'environmental construction performance, particularly concerning environmental and social considerations. Integr Environ Assess Manag 2024;20:1396-1406. © 2024 SETAC.

The legal protection insurance in the field of private life aims to provide coverage for legal costs that the insured is faced with in situations from their private life. By combining the coverage of the legal expenses according to different legal areas, it is attempted that the legal expenses insurance coverage meets the needs of the insured. It is particularly

Music entrepreneurship allows musicians independence and control over their careers, but also carries the risk of poor success or failure. Among other costs, it implies specific investments in musical instruments, studio equipment and non-musical auxiliary equipment that can be endangered by diverse damage or loss. Musicians may be exposed to claims due to their civil liability to third parties – class participants, guests, visitors and persons engaged in the organization and security of the concert, etc. Musicians can best achieve financial protection of their material interests through insurance. Therefore, this paper discusses several aspects of insurance of musicians, accepted concepts and content, insurance subjects, covered and excluded risks and damages under insurance conditions and business practices of the British insurance market.

Opseg pokrića rizika iz osiguranja pravne zaštite na području privatnog života

The legal protection insurance in the field of private life aims to provide coverage for legal costs that the insured is faced with in situations from their private life. By combining the coverage of the legal expenses according to different legal areas, it is attempted that the legal expenses insurance coverage meets the needs of the insured. It is particularly suitable for providing the so-called family coverage of legal protection for the insured and his family members. After introduction, the paper deals with the forms of legal protection insurance in the field of private life and defines the insured and the co-insured persons in more detail. Also, the insurance risk coverage according to individual legal areas is presented (damage compensation, labour relations, criminal and misdemeanour law, family and inheritance law, property and obligation law regarding movables, traffic legal protection). At the end, the individual exclusions from legal protection insurance coverage in the field of private life are presented.

Features of compensation for legal assistance expenses in tax disputes

Features of compensation for legal assistance expenses in tax disputes

Legal expenses in the Code of Criminal Procedure

The expenses advanced by the state and those incurred by the parties in the conduct of criminal proceedings are called court expenses and are divided into the expenses incurred in criminal proceedings until they are completed – including those related to appeals, among which we mention ordinary and extraordinary ones. State authorities incur expenses for spaces where prosecutor's offices and courts operate, including remuneration of senior and judicial officials, which are within the competence of the state as judicial power. Also, the courts, when organizing criminal trials, getting to administer the evidence, ordering the evidentiary procedures and establishing to what extent the defendant committed the crime, determining the amounts owed by the Public Ministry or by the party responsible for conducting the criminal proceedings. As a result, all the expenses mentioned sometimes end up being very high for all parties involved in the criminal proceedings, as appropriate. According to Article 272, paragraph 1, the above-mentioned expenses will be covered by the responsible party, according to the law, or will be advanced by the State, while Articles 274-275 of the Code of Criminal Procedure clarify precisely which part of the criminal proceedings will cover certain expenses. At first glance, we notice that a large part of Romanian citizens find it difficult to understand the difference between legal costs and court costs. The novelty arises from the fact that this topic is approached from such a succinct perspective that there are situations in which phrases such as legal costs and court costs are often confused.

Stepwise liability: Between the preponderance rule and proportional liability

There are two familiar decision rules: the binary, preponderance of the evidence and the continuous, proportional liability rule. This article proposes a thought experiment. Instead of all-or-nothing or a continuous rule, the law can utilise a middle ground—assigning liability stepwise, according to the procedural progression of the case—stepwise liability. Stepwise liability relies on the gradual design of civil procedure. Under the current system, the plaintiff has to pass several procedural thresholds with increasing evidentiary requirements in order to proceed to trial. Examples are a motion to dismiss and then a summary judgment. I propose that, corresponding to the procedural progression of the case, after surviving each step the plaintiff will be entitled to a gradually increasing share of the damages. Stepwise liability offers several advantages relative to the traditional rules. It provides partial compensation where the defendant's liability falls short of the 50% threshold, hence restoring incentives to take care. Unlike the proportional rule, this outcome can be achieved without major modifications to the existing decision rules. Unlike both rules, the proposal enables plaintiffs to cash in with some award before trial. I analyse the foregoing advantages together with the potential pitfalls, such as over-deterrence, larger legal expenses, and the day-in-court ideal.

Are critical success factors for cybersecurity just technical issues Cybersecurity management and the human factor

Purpose- With the rapid advancement of information and communication technologies, businesses are facing growing security risks. The prevalence, intensity, and complexity of cyber attacks worsen these vulnerabilities, leading to a rising focus on cybersecurity. Enterprises exposed to such cyberattacks might not only face considerable financial losses but also experience data breaches, operational interruptions, harm to their reputation, regulatory penalties, legal expenses, reduced competitive standing, and increased insurance premiums. In this concept study discusses the importance of human factors in cybersecurity management. While organizations spend billions on information technology systems and software to detect and prevent cyber threats, individuals play a critical role in managing these risks. Methodology- Through a review of literature and statistical data, study examines the factors contributing to cybersecurity breaches, the allocation of resources to address them, and proposes potential solutions. Findings- In the workplace, most research on cybersecurity focuses on employees as the most important source of vulnerability. In the literature review, it is understood that an employee’s carelessness and lack of awareness pose the greatest risk to cybersecurity. However, businesses often fail to show sufficient attention to human behavior in their efforts to keep organizational data secure and to plan security strategies. It is important to note that effective cybersecurity management requires not only technical controls but also the management of human factors. Meanwhile, security expenditures in enterprises are often disproportionately allocated to technology investments, with 97% being spent on technology investments, despite the fact that over 85% of breaches are attributable to human factors. Conclusion- In the literature review, it is understood that cybersecurity management is not only related to technical controls, but also the management of human factors is of critical importance. The management of individuals is also an essential cybersecurity responsibility. It is important to adopt a holistic approach to cybersecurity management includes both technical and human perspectives. Cybersecurity awareness has significant benefits for businesses to effectively manage cybersecurity which can be achieved by developing appropriate training programs and foster a cybersecurity culture. Keywords: Cybersecurity, cybersecurity management, cybersecurity awareness, technology investments, human factor JEL Codes: M12, M15, L86

ICSID 중재상 중재인의 공정성과 고지의무에 관한 고찰

Purpose – The purpose of this study is to suggest implications after analyzing Eiser v. Spain, and the impartiality and duty of disclosure of arbitrators in ICSID arbitration. Design/Methodology/Approach – In this study, in analyzing Eiser v. Spain, the literature analysis was mainly conducted using domestic and foreign related literature and Internet data. Findings – In 2017, Spain was ordered to pay Eiser €128 million on account of its failure to afford fair and equitable treatment. This award was subsequently annulled because the claimant-appointed arbitrator failed to disclose a professional relationship with the claimants’ damages expert, which led to, inter alia, the tribunal being improperly constituted. The full costs of the proceedings, including Spain’s legal fees and expenses, were shifted to Eiser. Research Implications – The Eiser Annulment Decision also casts doubt on the effectiveness of disclosure duties. Undisputedly, arbitrators must be neutral and must disclose facts or circumstances that may cloud their judgment. Many codes and rules specify that this duty is continuous. Yet, the vast majority of these instruments envisage no consequence for non-disclosure. This, coupled with the fact that arbitrators enjoy immunity from legal process pursuant to Article 21 of the ICSID Convention, leaves room for nonchalance when disclosing potential conflicts.

Socio-Legal Empowerment for Working Women in Bangladesh

Abstract: Violence against working women strikes at the heart of economic empowerment programs—the very programs that are intended to empower them. If economic empowerment is defined as women's control over their income, violence as patriarchal deterrence prevents those women from controlling the money that they have worked so hard to earn. Therefore, women who earn are not inevitably empowered through their participation in the labor force. We argue that economic empowerment cannot be defined in terms of women's labor force participation alone. Gender-based violence sustains patriarchy. As part of the development of sociolegal empowerment theory, we introduce patriarchal deterrence as a new concept, which goes in tandem with patriarchal backlash theory, further clarifying analyses of low female labor force participation. As patriarchal backlash, violence punishes women who have joined the workforce; as patriarchal deterrence, it deters women from even starting to work. Arguing that income generation is insufficient, we present a theory of socio-legal empowerment as a necessary corollary of economic empowerment, which integrates concepts of legal empowerment and social accountability. Our theory has four components, which can be applied to assess a justice system. First is societal embeddedness, which measures how context-specific it is. For example, in Muslim countries, informal justice systems, which utilize feminist interpretations of Islam, are more embedded in local values and therefore more effective. By analyzing feminist interpretations of Islam as an imperative measure of effective justice systems for Muslim communities, we challenge Orientalist binaries of Islam versus women's rights. Second is social accountability, which assesses whether its verdicts and processes have social sanction. Third is its gender transformativeness, or social change potential, which addresses its capacity to build awareness. Fourth is its costs not only in terms of legal expenses but also of physical proximity which eliminates childcare expenses. In sum, we illustrate that earning income, though necessary, is insufficient for women's economic empowerment. Through the analysis of the NGO-ReformedShalish (informal justice system) in Bangladesh, we illustrate how socio-legal empowerment, in theory and practice, is also needed to empower working women.

ECONOMICS OF MARRIAGE AND BREAKDOWN: A CASE STUDY OF KOZHIKODE DISTRICT IN KERALA

Marriage is always contemplated to be a costly affair. But several studies point to the fact that those who get married are financial well off when compared to that of single people. It is because of their responsibilities and societal hopes that they earn more and lead a satisfactory life. On the other hand, there is a large number of breakdowns in these relationships which is legally bounded. Divorce issues devastate the financial status of an individual. It creates social, economic and psychological pressures on both the party and their families. In Kerala, the divorce rates are growing at an unimaginable rate. To analyze the marriage expenditure and the legal expense with alimony approved by the court and to examine the correlation of marriage expense over alimony, a case study is conducted in the Kozhikode district of Kerala. This study is an attempt to analyze the economics of marriage with special emphasis on the economic sufferings.

Institutional aspects of transactional spending accounting demonstration in agricultural organisations

Agricultural organisations in Ukrainian market play an important role. In 2022, during the worsening economic crisis and war on the territory of the entire country, the stable functioning of an agricultural sphere is a topical issue. The demonstration of “transactional spending” is somewhat unclear at the current stage. Thus, the purpose of the study is to investigate the field and generalisation of institutional aspects of the demonstration of transactional spending in agricultural organisations. With the employment of analysis and scientific research systematisation methods, it was noted that transactional spending of an agricultural organisation includes spending on information regarding the market functioning gathering, legal expenses, quality control, and property security. During the research, a demonstration of transactional spending of agricultural organisation subaccounts is unclear and requires the development of a unified approach to the spending regulation. The main ways of transactional spending accounting of agricultural organisations were determined. Practical aspects of transactional spending accounting in agricultural organisations of Ukraine were also denoted. A model of transactional spending accounting was developed, which is based on a creation of a new account 99 “Transactional spendings”. A new transactional spending accounting system was developed, which sorts transactional spending according to the classification in the new account subaccounts. These changes in accounting may be used to create new financial statement systems for agricultural organisations. The proposed transactional spending accounting system includes every possible risk of payment duplication or payment not being included in the statement. It may be employed not only by agricultural organisations but also used for the standards of bookkeeping practice

Managing litigation risk through business legal expense insurance: Facilitators and inhibitors for MSMEs

This study explores the possibility of offering business legal expense insurance (BLEI) in India to enable 63 million Micro, Small and Medium Enterprises (MSMEs) to hedge against litigation risk. MSMEs, at present, depend upon independent law firms in the event of litigation. Based on the annual legal expense of a sample of 1822 MSMEs, this study suggests that the potential size of the market for BLEI among MSMEs may range between ₹291 billion (US$3.84 billion) to ₹417 billion (US$5.50 billion). Enabling regulatory intervention and the efficiency of the legal system is key to the development of the market.

Enhancing Patient Safety Through Leadership: A Comprehensive Literature Review on the Role of Head Nurses in Hospital Settings

Abstract The aim of the study is to analyse the process through which nursing management affects patient outcomes to promote a culture of safety. Patient safety has moral, ethical, and economic implications. Medical errors significantly increase healthcare costs, prolong hospital stays and lead to the need for additional treatment, accompanied by legal expenses that can impact the reputation of a healthcare institution. Therefore, patient safety in healthcare is important, and the role of management in shaping this culture and practice is central. To achieve this goal, a systematic review is conducted, including searches in electronic databases such as PubMed, Scopus, Web of Science, EBSCO Discovery, MedLine, EBSCO host, and ScienceDirect, from the year 2013 onwards. Additionally, manual searches are carried out in leading journals in the field. After evaluating and analysing the articles, 28 remain, focusing on four main themes: nurse engagement and patient safety climate, the impact of management style on patient outcomes, challenges in implementing safety culture in practice, and innovative practices and general management skills. Based on the results, it can be argued that a transformative nursing leadership style plays a significant role in reducing unfavourable patient outcomes. These findings emphasize the involvement of nursing leaders and the associated challenges in addition to proposing strategies for enhancing patient safety and shaping the future of nursing management in the healthcare system.

Deficiencies in the Regulation of Legal Expenses Insurance in the Legislation of the Republic of Serbia

This paper is dedicated to analysis of legal expenses insurance, its regulation in the Serbian legislation and importance for the right to access the court. Both Serbian legislation and comparative legal analysis signalize several shortcomings in the approach of the Serbian legislator. The first is the lack of a clear definition of this insurance, which further implies the ambiguity regarding the exact definition of the insured event and the risk insured. Another problem is the lack of rules on conflict of interests between the insurer and the policyholders which arises from legal expenses insurance. The author gives proposals for overcoming these shortcomings, by taking into account the EU regulation. Conclusion is dedicated to refutations of assertations that legal expenses insurance inevitably leads to an overloaded judicial system, which has been marked as one of its biggest deficiencies.

Acting on justiciable problems in a welfare state context: Does income matter?

AbstractThis paper discusses the effect of income on access to justice in the context of the Dutch welfare state, which offers subsidized legal aid to low‐income households and also has a well‐established market for private legal expenses insurance (LEI). We find that access to non‐state legal resources such as LEI is a key determinant of the liklihood of seeking legal advice, particularly for middle‐income groups whose socioeconomic position is increasingly precarious. The importance of non‐state legal resources for the middle class demonstrates the cushioning effect of subsidized legal aid for low‐income households, but also raises questions about how to safeguard access to justice for households other than those with the lowest incomes.

Florida Patient Safety and Pre-Suit Mediation Program for Medical Malpractice Claims: 13-Year Results, COVID-19 Pandemic Implications, Future Innovations, and Blueprint for Nationwide Implementation

In 2008, the University of Florida Health system (UF Health) created the Florida Patient Safety and Pre-Suit Mediation Program (FLPSMP) to complement UF Health’s patient experience and loss prevention initiatives. The FLPSMP was designed to timely compensate patients for meritorious medical malpractice claims, reduce frivolous lawsuits, and facilitate early, effective communication between patients and their health care providers and health care facilities, with the benefits of confidential mediation conducted by court-certified experienced medical professional liability mediators. In its first five years, “[T] he program resulted in faster resolution of claims, lower legal expenses, and greater compensation to patients with meritorious claims [1].” After eight years, the FLPSMP continued to demonstrate the benefits of significantly reduced claim receipt-to-resolution times, substantial reduction in defendant legal expenses, and increased net proportionate recovery by claimants, compared to recovery through litigation [2]. This article updates the data to include the first 13 years of the FLPSMP, of which 12 occurred prior to the onset of the COVID-19 outbreak. Additionally, the authors explain the helpful provisions of mediation law in Florida that support the FLPSMP, discuss the impact of the COVID-19 pandemic on the FLPSMP results, report the perspectives of mediators who participate in the program, and recommend the FLPSMP as a blueprint for expansion nationwide as an alternative dispute resolution model. The analysis continues to demonstrate the positive impact of the program in providing a fair platform for swift resolution of claims, reduction of expense, uncertainty, and delays of protracted litigation for all parties, and settlements with a better net outcome for claimants.

Legal Expenses Insurance and the Future of Effective Litigation Funding

Legal Expenses Insurance and the Future of Effective Litigation Funding

Malpractice litigation and spinal surgery in the National Health Service: a single tertiary-level centre perspective over 12 years.

Medical malpractice litigation is a major concern for all spine surgeons. Our aim was to evaluate the incidence and burden of successful litigation relating to the management of spinal disorders over 12 years within a UK NHS tertiary-level spinal unit and compare these litigation costs with those of other specialties. We obtained all data held by our claims department from its inception in January 2008 to December 2019. We also obtained costs for the total financial burden incurred by our Trust during this period. In total, there were 83 closed claims involving spinal pathologies. Over 80% of these comprised negligent surgery (n = 28, 34%), delay to diagnose/treat (n = 25, 30%) and negligent care (n = 18, 22%). The vast majority of claims were withdrawn without incurring any cost to the hospital (n = 59, 71%) and only 24 (29%) resulted in successful litigation for the claimant. The total cost of damages for these 24 successful claims was just over £8 million, including legal costs of £2.5 million, out of total litigation costs of £381 million over this period. Fewer than 30% of initial claims against a tertiary spinal surgical referral unit resulted in a successful financial outcome for the claimant. The total costs incurred were just over £8 million, with one-third apportioned to high legal costs, reflecting the complexity of resolving spinal litigation. Our entire legal expenses accounted for only 2% of the total legal bill paid by our hospital over a 12-year period.

ON THE REDUCTION OF LEGAL EXPENSES FOR PROFESSIONAL LEGAL ASSISTANCE IN ECONOMIC PROCEEDINGS

In this article, the author highlights the problems of improper application by national courts of the European Court of Human Rights practices. The author notes that the current Code of Commercial Procedure of Ukraine does not provide for an independent reduction by the court of expenses for professional legal assistance, unless the other party has filed a corresponding petition and proved their incommensurability, which fully reflects consolidation of the adversarial principle of parties in economic proceedings. At the same time, having reviewed the judicial practice of the Supreme Court, there is a discrepancy in judicial practice regarding the reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance. In certain court decisions, there is incorrect implementation of the European Court of Human Rights judicial practices to reduce the reimbursement to the party in favor of which the court has founded of the legal expenses for professional legal assistance. For the most part, this is the case of “East / West Alliance Limited vs. Ukraine”. Considering the above, the author conducted a study of the sources of law that regulate the procedure for legal proceedings in the European Court of Human Rights. Based on the results of this study, the author found that the European Court of Human Rights is entitled to reduce the amount of legal expenses, including those for legal assistance, to be reimbursed to the party in favor of which the court has founded, if the court considers this amount unfair. However, the provisions of the Code of Commercial Procedure of Ukraine, the Code of Civil Procedure of Ukraine and the Code of Administrative Procedure of Ukraine do not mention that the courts are empowered to independently reduce the amount of legal expenses for professional legal assistance to the party in favor of which the court has founded. The author notes that this practice leads to violation of the following principles of economic legal proceedings: the rule of law, adversarial principle of the parties and reimbursement to the party in favor of which the court has founded of the legal expenses. Moreover, the author notes that in this case, Part 2 of Article 19 of the Law of Ukraine “On International Treaties” cannot be applied, since the right of the European Court of Human Rights to reduce the amount of reimbursement for legal expenses is established not by an international treaty, but by sources of “soft law” that regulate the procedure for legal proceedings in the European Court of Human Rights and, accordingly, is not a Ukrainian source of law.

A Priori Ratemaking Selection Using Multivariate Regression Models Allowing Different Coverages in Auto Insurance

A comprehensive auto insurance policy usually provides the broadest protection for the most common events for which the policyholder would file a claim. On the other hand, some insurers offer extended third-party car insurance to adapt to the personal needs of every policyholder. The extra coverage includes cover against fire, natural hazards, theft, windscreen repair, and legal expenses, among some other coverages that apply to specific events that may cause damage to the insured’s vehicle. In this paper, a multivariate distribution, based on a conditional specification, is proposed to account for different numbers of claims for different coverages. Then, the premium is computed for each type of coverage separately rather than for the total claims number. Closed-form expressions are given for moments and cross-moments, parameter estimates, and for a priori premiums when different premiums principles are considered. In addition, the severity of claims can be incorporated into this multivariate model to derive multivariate claims’ severity distributions. The model is extended by developing a zero-inflated version. Regression models for both multivariate families are derived. These models are used to fit a real auto insurance portfolio that includes five types of coverage. Our findings show that some specific covariates are statistically significant in some coverages, yet they are not so for others.