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Access to Justice advocates Alan Peacock allocated allowing arise arrangements awards barrister behaviour benefits bourses Bruce cent champerty choice civil justice system client complexity conditional fee consumer contracts court fees Court of Session court system criminal customary law customary rules David Hume Institute deadweight losses defend demand dispute resolution Economics Edinburgh efficiency enforcement England and Wales example expenses formal High Court Hume Papers incentives individuals innovation instance Journal judges judicial capacity jurisdictions jury Law Society lawyers legal profession legal services legal system litigation Lord Chancellor's Department mechanism mediation Modernising Justice 1998 monopoly Outer House Paper Modernising Justice Papers on Public parties personal injury potential precedent private sanctions problem professional Professor Public Policy Queen's Counsel recent recognized reform regulated reputation risk Scotland Scottish Court Service Sheriff Courts sheriff principals solicitors substantial suggest transaction costs wealth White Paper Modernising Woolf