English rule (legal term)

From Wikipedia, the free encyclopedia

The English Rule is a rule regarding 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 the courts and society should not be burdened by people filing lawsuits unless they are confident in their ability to win.