Caroline Kean of Wiggin told The Financial Times: 'We have found that a significant proportion of people who would not have otherwise brought a claim, would be willing to ‘have a go’ because the risk of having to pay both sides’ costs is removed. The impact of this, on small publishers in particular, but also the already overstretched court system, could be devastating.' The firm's research discovered that 25% of respondents who would not sue under the 'loser pays' system would consider the issue afresh if that method of allocating costs were changed.
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