English rule (attorney's fees)

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In the field of law and economics, the English rule (capitalized as English Rules in some jurisdictions) is the rule that controls the assessment of attorney's fees arising from litigation. The British rule states that the losers in court pay the legal costs of others. The UK rules are contrary to American rules, where each party is generally responsible for paying the attorney's own fees, unless the law or contract provides that judgment. The rationale for the English rule is that a litigant (whether filing a claim or defending a claim) is entitled to legal representation and, if successful, shall not be abandoned for reasons of his own legal costs. Keep in mind that, in almost all British civil litigation, the damage is just compensation.

Almost every Western democracy other than the United States follows the English rule.

Video English rule (attorney's fees)

United States jurisdiction

In the United States "American rule" is generally followed, each party bears the cost of its own litigation. Alaska has long been an exception to US patterns, where English rules apply. A very limited version of English rules was adopted in Texas during the 2011 legislative sessions which only applies to unfounded lawsuits. Tex. R. Civ. P. 91a. Then the Texas Governor, Rick Perry, called on his state's state address for a one-way version of the British government that would apply only to those who initiate a lawsuit, the plaintiff.

Maps English rule (attorney's fees)

See also

• Fees in English law

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References

• Black Dictionary (8th Ed. 2004).

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External links

• Walter Olson, "Loser Pays"
• GS2Comment comments about differences with AS

Source of the article : Wikipedia