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"Loser Pays" Doesn't By Herbert M. Kritzer
$tats By Alan Schwarz
Outranked and Underrated By Norman Bradburn

"Loser Pays" Doesn't

When lawsuit losers are forced to pay the legal fees of winners, the cost of litigation for everyone goes up.

By Herbert M. Kritzer

NAOMI CAMPBELL, THE LITHESOME British supermodel, has long coveted public attention. She has been less than thrilled, however, with news reports about her substance abuse. In 2001, she filed an invasion of privacy suit against the Daily Mirror, an English newspaper that had published photos of her leaving a Narcotics Anonymous meeting. She won an award of £3,500 plus costs after an initial trial, had the award reversed as a result of an appeal by the Daily Mirror, and last year won reinstatement of the award after she appealed to England's highest court.

The cost of the litigation for...

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