4 ms·

We so badly need the "English Rule"

• mindslight 4y ago
  While we do badly need the English Rule [0], suits against the government are more properly seen in light of the first amendment right to petition the government, and should thus be exempt. [0] or really, a defensive English Rule where a losing plaintiff covers the defendant's costs, but a losing defendant does not always have to cover a plaintiff's costs.
  • pmyteh 4y ago
    England and Wales deals with the footnote issue by sometimes allowing for a 'Protective Costs Order' if the issues raised are of general public importance, resolving them is in the public interest, and the applicant (normally for judicial review) has no private interest in the outcome of the case. This lets the judges cap costs awards prospectively (as low as zero if necessary) if the alternative is that a meritorious case is likely to be dropped to avoid the risk of an unaffordable costs award.