English Rule (attorney's Fees)
In the field of law and economics, the English rule (capitalized as English Rule in some jurisdictions) is a rule controlling 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. Nearly every Western democracy, other than the United States, follows the English rule. See also Costs (English law).
Read more about English Rule (attorney's Fees): United States Jurisdictions
Famous quotes containing the words english and/or rule:
“I suggested to them also the great desirability of a general knowledge on the Island of the English language. They are under an English speaking government and are a part of the territory of an English speaking nation.... While I appreciated the desirability of maintaining their grasp on the Spanish language, the beauty of that language and the richness of its literature, that as a practical matter for them it was quite necessary to have a good comprehension of English.”
—Calvin Coolidge (1872–1933)
“The principle of majority rule is the mildest form in which the force of numbers can be exercised. It is a pacific substitute for civil war in which the opposing armies are counted and the victory is awarded to the larger before any blood is shed. Except in the sacred tests of democracy and in the incantations of the orators, we hardly take the trouble to pretend that the rule of the majority is not at bottom a rule of force.”
—Walter Lippmann (1889–1974)