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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 their own legal fees. It should be borne in mind that, in virtually all English civil litigation, damages are merely compensatory.
In English civil litigation, costs are the lawyers' fees and disbursements of the parties.. In the absence of any order or directive regarding costs, each party is liable to pay their own solicitors' costs and disbursements such as a barrister's fees; in case of dispute, the court has jurisdiction to assess and determine the proper amount.
Property Rules, Liability Rules and Inalienability: One View of the Cathedral is an article in the scholarly legal literature (Harvard Law Review, Vol.85, p. 1089, April 1972), authored by Judge Guido Calabresi (of the United States Court of Appeals for the Second Circuit) and A. Douglas Melamed, currently a professor at Stanford Law School.
"The Continuing Struggle Over Litigation Funding" "Defense of champerty no longer valid in South Carolina" "kiriazi maintenance" "Broad prohibition, thin rationale: The "'acquisition of an interest and financial assistance in litigation' rules"" Selling Your Torts:Creating a Market for Tort Claims and Liability" 33 Hofstra L. Rev. 1543
English rule may refer to: English rule (attorney's fees), a common use of the term; Golden rule (law), also known as British rule or English rule, a rule of ...
In one influential definition by John Henry Merryman, a legal system is "an operating set of legal institutions, procedures, and rules". [6] Depending on the definition, a legal system may contain only the set of laws or legal norms issuing from a particular sovereign authority or bound by a shared underlying norm or set of rules, or it may ...
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As opposed to the plain meaning rule, the technical meaning rule applies the specific context and rules of grammar that are applied if the term is well defined and understood in an industry setting. To determine if there is a technical meaning, judges will look at whether the surrounding words are technical, and whether the act was directed to ...