• Hudge

    >Loser-pays is the subject of a large theoretical literature generated by economists and other model-builders who mostly have found themselves at a loss to predict from their models whether litigation will be on average better restrained in the one type of system or in the other.

    Intuitively one thinks this type of approach would restrain litigation, but apparently not, from the last paragraph of the article you linked. Another issue – would loser pays also have the kind of chilling effect on those independent reviews Consumers Union champions (if we run a review that provokes a lawsuit and we lose, we pay. Let’s look at those results again…)