Re: Blowhard Bradley Kuhn and his fraud

[Alexander Terekhov]

Hyman Rosen wrote:
[...]
> Do you believe that at the conclusion of a case, one party pays
> the attorney fees of another unless a court instructs them not
> to do so? How odd.

http://reason.com/archives/1995/06/01/civil-suits

"How could the middle class--not to mention the lower class--use the
courts if people who lost on a fluke had to pay their opponents' legal
fees? Wouldn't they drop even valid suits?

. . . 

Loser-pays is the standard in England, so it is sometimes known as the
"English Rule." It is thus often spoken of as if it were some
Beefeaters-and-warm-beer eccentricity of the Sceptered Isle. But it has
no special connection with England. It has prevailed for millennia in
Europe, developing early in Roman law and spreading from there to the
civil law systems that evolved all over the continent and became
codified in France, Germany, and elsewhere around the time of Napoleon.
It even developed in the church courts. Scandinavia, like England, does
not trace its civil procedure to the Romans but nonetheless has
loser-pays."

regards,
alexander.

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