Allocating Legal Costs

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Allocating legal costs: how justice can be served efficiently. The allocation of legal costs between defendants and plaintiffs varies
predominantly between the English rule, where the cost of both parties
falls to the losing party, and the American rule, where each party is
responsible for their own legal costs. The desired outcome for legal
disputes is for justice to prevail, achieved through a successful
lawsuit and settlement or defence. However, justice can be considered to
be a broad term, especially for injuries, given the difficult
unquantifiable nature of mental and physical harm. This paper will look
at the effectiveness of both legal cost allocations and their impact on
access to the legal system which provides the best opportunity for justice.

discussion on the English rule, American rule and how legal costs are
allocated in each

Allocating legal costs: how justice can be served efficiently

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