In the field of
law and economics, the
English Rule is a rule regarding assessment of
attorneys' fees arising out of
litigation. The English Rule provides that the party who loses in court pays the other party's attorney's fees. The English Rule contrasts with the
American Rule, under which each party is generally responsible to pay its own attorneys' fees, unless a
statute or
contract provides for that assessment. The rationale for the English Rule is that a litigant (whether bringing a claim or defending a claim) is entitled to legal representation and, if successful, should not be left out of pocket by reason of his own legal fees. It should be borne in mind that in virtually all English civil litigation damages are merely compensatory.
See also
References
- Black's Law Dictionary (8th Ed. 2004).
External links
Walter Olson,
"Loser Pays"
Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. It includes the use of economic concepts to explain the effects of laws, to assess which legal rules are economically efficient, and to predict which legal
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Attorney fees (note that the use of the word 'attorney' connotes lawyers broadly: solicitors and barristers) are the costs of legal representation that an attorney's client or a party to a lawsuit incurs.
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lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. One or more defendants are required to respond to the plaintiff's complaint.
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In the field of law and economics, the American Rule is a rule regarding assessment of attorneys' fees arising out of litigation. The American Rule provides that each party is responsible to pay its own attorney's fees unless specific authority granted by statute or contract allows
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A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. Typically, statutes command, prohibit, or declare policy.
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Contract Law
Part of the common law series
Contract
Contract formation
Offer and acceptance · Mailbox rule
Mirror image rule · Invitation to treat
Firm offer · Consideration
Defenses against formation
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This article has been tagged since March 2007.
..... Click the link for more information. Walter K. Olson is the author of three books on the American litigation system: The Litigation Explosion, The Excuse Factory, and most recently The Rule of Lawyers.
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