Appellate Review in England and the United States - Who Bears the Ultimate Burden?

Authors

Howard L. Greenberger

Abstract

Comparative procedural studies, even between countries with similar legal systems and a common language, are fraught with more than the normal measure of pitfalls. Serious students of comparative problems must continually guard against value judgments based upon ingrained prejudice. In the context of this article, an effort is required of the English lawyer to refrain from characterizing the contingent fee system, so prevalent in the United States, as champertous, unethical conduct and dismissing it on that basis alone. On the other hand, it is imperative that those unfamiliar with the English system of court costs eschew the American preconception that the "cost system" favors the wealthy and as such is inherently unfair.

First Page

161

Recommended Citation

Howard L. Greenberger, Appellate Review in England and the United States - Who Bears the Ultimate Burden?, 1 Duq. L. Rev. 161 (1963).
Available at: https://dsc.duq.edu/dlr/vol1/iss1/4