Posted by: Anonymous Coward
on February 21, 2004 02:08 AM
This is just more evidence for why anyone seeking to initiate a lawsuit should have to put up collateral against losing -- at least enough money to cover both sides' costs -- before going anywhere near a courtroom. If you win, the judge can order that you get it back; if you lose, the other side gets whatever is left after the court costs have been covered. If the matter is settled out of court, the money would be forfeit.
If you really cannot afford to bring a case, but it's water-tight, your solicitor should easily be able to talk someone into lending you the money. But nobody will lend money to pay for a case that has no chance of winning. This way, it will be simply too expensive to bring frivolous cases, and there will be a disincentive against settling out-of-court.
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Re:Thank you, Mr. Miller
Posted by: Anonymous Coward on February 21, 2004 02:08 AMIf you really cannot afford to bring a case, but it's water-tight, your solicitor should easily be able to talk someone into lending you the money. But nobody will lend money to pay for a case that has no chance of winning. This way, it will be simply too expensive to bring frivolous cases, and there will be a disincentive against settling out-of-court.
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