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It's called the English Rule. People argue that implementing it could disincentivize people bringing forth valid cases and that it could lower the liklihood of settling, increasing legal and court costs for cases that do go through.

I don't really have an opinion either way, those are just the common arguments against it.




They're common arguments, but the predicted falling skies don't happen very often in practice. Meanwhile, there is far less of a problem with barratry under loser pays than the US system seems to have.




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