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Presumably in a loser-pays system you would be required to post a bond to sue if there was some question of your ability/willingness to pay. Besides, the abili
by bcoates 13y ago
Presumably in a loser-pays system you would be required to post a bond to sue if there was some question of your ability/willingness to pay.
Besides, the ability to offload your legal exposure (as opposed to the risk for ordinary debts, where the creditors should have known what they were dealing with) onto shell companies is exaggerated.
- mcherm 13y ago> Presumably in a loser-pays system you would be required to post a bond to sue if there was some question of your ability/willingness to pay. Ah, so would the policy will be that those too poor to post a bond would not be allowed access to the courts?
- bcoates 13y agoThey already don't have access, they have to pay their half of the costs. We're talking about patent lawsuits here anyway, both parties are corporations so "poor" isn't really a meaningful concept.
- hackula1 13y agoCash flow can be a problem in small to mid-size companies.
- kamjam 13y agoNot in the UK, you may have to declare yourself bankrupt or sell your house or whatever, but nothing required up front. On the flip side, if you can't afford your defence the you can claim legal aid: https://www.gov.uk/legal-aid/overview https://www.gov.uk/legal-aid/overview