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I have no data to back this up (would be interesting to see studies on this), but wouldn't a 'loser pays' afford less-wealthy plaintiffs to file as long as thei

I have no data to back this up (would be interesting to see studies on this), but wouldn't a 'loser pays' afford less-wealthy plaintiffs to file as long as their chances of winning are good? I agree that it would cause less filing among less-wealthy people/companies in some cases. But I'd also guess it would increase filings in other. (assuming they can objectively and accurately determine their chance of winning, which isn't always a reasonable assumption)

tim333 13y ago
In the UK we have a no win no fee system where the lawyers get 25% of the winnings if they win, zero if not, so if your chances of winning are high enough you may be able to take people to court without paying. The lawyers can apparently arrange insurance against you having to pay the other sides fees. I think - I'm no expert on this.