Revisiting the 'loser pays' issue; English rule

Article Abstract:

The loser in a British civil lawsuit must pay the winning side's legal fees under the 'loser pays' rule. Although US courts have for a long time been dedicated to allowing all meritorious cases into the courts, the early 1990's have seen several suggestions for a 'loser pays' rule in this country. Legal community reactions to the proposals are mixed. Even though the impact of this rule is lightened in Britain due to the three-tier system of private payments of litigation, tax-supported legal help for the poor and labor union financing, a gradual retreat from the 'loser pays' system is occurring.

United Kingdom, Laws, regulations and rules

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Doctors' liability considered; 'defensive medicine' is a point of contention

Article Abstract:

It is not true that the tort system and defensive medicine allegedly practiced because of the threat of malpractice suits are the key factors in the high cost of health care. Tort suit costs amount to less than 1% of national health care expenditures. Defensive medicine costs amount to about 3.3% of annual health care expenditures. The key influences on medical choices made by physicians are the patient's well-being and personal economic interest, and the extra dollars added to health-care expenditures by physician 'self-referral' should be a prime focus of investigation.

Analysis, Economic aspects, Physicians, Medical care, Cost of, Health care costs, Malpractice, Medical malpractice, Health services administration

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Statutory fee awards often are discretionary

Article Abstract:

A number of statutes including, civil rights, consumer and environmental laws provide for an award of legal fees or costs to the prevailing defendant. Counsel should. at least, know the leading counsel fee decisions in their circuit or district as early in the case as possible since statutory attorney fee awards tend to be circuit- or even judge-specific. Steps to maximize an attorney fee award are detailed.

United States

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