The art of writing is the art of discovering what you believe.
Gustave Flaubert

Thursday 5 July 2012

American Rule

The approach to costs in litigation adopted in the United States, characterised by Ron Coleman (of Likelihood of Confusion blog fame) as "no fee shifting, ever". He also describes it as the freedom afforded to a rich plaintiff to bankrupt a small defendant by litigation, which is a liberty afforded to litigants in many jurisdictions, even those with rules that ostensibly allow the court to award costs to the successful party.

No comments:

Post a Comment