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Old 04-05-2010, 10:57 AM   #91
advocate2
My Kingdom for Karma
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Buddy,

The real problem with US law compared to that of the UK is the allocation of legal fees. In the UK if a plaintiff brings a case and does not prevail, then plaintiff is liable for defendant's legal fees. In the US the rule is different and no legal fees are paid except in limited circumstances. The bottom line is that in the US there is little downside to commencing a suit. Also, in the US it is perfectly fine for a barrister to take a case on a contingency. Until recently, that was not the case in the UK. Hence the US has a proliferation of litigation while the UK does not.

Sadly, in the US, the "cost of litigation" is often a deciding factor in offering a settlement even if a case does not have particular merit.
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