Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis

0Citations
Citations of this article
1Readers
Mendeley users who have this article in their library.
Get full text

Abstract

This article studies whether fee-shifting rules can affect plaintiffs’ win rates. Beyond theoretical modeling, this study goes a step further and provides empirical evidence on this issue, thanks to the study of a real change in Spanish legislation. Spain applied the so-called English rule in 2011 in the administrative jurisdiction. This study explores whether plaintiffs were more or less successful when litigating against public administrations since then. After controlling for several other factors, it is shown that the new rule considerably increased plaintiffs’ win rate (while also reducing litigation). The paper also presents a theoretical model explaining that the English rule can increase the prevalence of judgments in favor of plaintiffs through two channels: the selection of cases brought before the courts by interested parties and the level of deference paid by courts to the decisions under review.

Cite

CITATION STYLE

APA

Doménech-Pascual, G., Martínez-Matute, M., & Mora-Sanguinetti, J. S. (2021). Do fee-shifting rules affect plaintiffs’ win rates? A theoretical and empirical analysis. International Review of Law and Economics, 65. https://doi.org/10.1016/j.irle.2020.105967

Register to see more suggestions

Mendeley helps you to discover research relevant for your work.

Already have an account?

Save time finding and organizing research with Mendeley

Sign up for free