Commentary by Sanford D. Horn
August 16, 2012
*The English Rule: “the principle that fees and costs of litigation should be shifted to the loser--known as the English rule….
The theory of the English rule is uncomplicated: Whichever side prevails in a legal action is entitled to recover its reasonable litigation expense--court costs, legal fees and other expenses, such as expert witness fees--from the losing side.
In England, the loser pays the winner's legal costs even in settlements, regardless of whether a formal action was filed; the typical settlement agreement includes a statement as to what costs will be paid.” (Kritzer, Herbert M. “The English Rule,” ABA Journal, Nov. 1992, p. 55)