English Rule

Known in common law countries other than the United States as the “indemnity principle,” it is the rule that provides that the loser in litigation usually pays the winner’s legal fees. In most jurisdictions the rule is mitigated by a “taxing master” who reviews the bill submitted to the losing party for fairness and by provisions that allow a defendant to record or register a pre-trial offer of settlement (sometimes paying the sum into court), which if the plaintiff fails to exceed at trial, may result in legal costs being shifted the plaintiff as a penalty for wastefully pursuing litigation despite the offer. See Costs, Attorneys’ Fees, Offer of Judgment, Costs-Follow-the-Event

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