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The Impact of EC Environmental Policy on British Coal


  • Newbery, David M


The Courts and Legal Services Act 1990 legalized a form of contingent contract between lawyers and clients in England and Wales. However, it maintained the historic ban on "American-style" contracts where lawyers receive a percentage of winnings in a successful case, but nothing in the event of case loss. The paper looks at the economic rationale for such American-style contingent fees. It then analyses the arguments used for and against them in Britain in the 1989/90 pre-legislation debate. This is done with reference to the theoretical and empirical economic literature such fees have generated. The arguments discussed concern access to justice, the possibility of excessive contingent fees, client-lawyer conflicts of interest and the quantity of litigation under the fees. The conclusion reached is that the British government's position on American-style fees is acceptable, except on the issue of excessive fees, and that it should continue to consider introducing contingent fees. Copyright 1993 by Oxford University Press.

Suggested Citation

  • Newbery, David M, 1993. "The Impact of EC Environmental Policy on British Coal," Oxford Review of Economic Policy, Oxford University Press, vol. 9(4), pages 66-95, Winter.
  • Handle: RePEc:oup:oxford:v:9:y:1993:i:4:p:66-95

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    Cited by:

    1. Halkos, George, 1993. "An evaluation of the direct costs of abatement under the main desulphurisation technologies," MPRA Paper 32588, University Library of Munich, Germany.
    2. Newbery, David M, 1995. "Removing coal subsidies : Implications for European electricity markets," Energy Policy, Elsevier, vol. 23(6), pages 523-533, June.
    3. Ekins, Paul, 1996. "How large a carbon tax is justified by the secondary benefits of CO2 abatement?," Resource and Energy Economics, Elsevier, vol. 18(2), pages 161-187, June.
    4. Hutton, J P & Halkos, G E, 1995. "Optimal acid rain abatement policy for Europe: An analysis for the year 2000," Energy Economics, Elsevier, vol. 17(4), pages 259-275, October.
    5. Halkos, G.E., 1994. "Optimal acid rain abatement policy in Europe," MPRA Paper 33943, University Library of Munich, Germany.
    6. Richard Green & Catherine Waddams Price, 1995. "Liberalisation and divestiture in the UK energy sector," Fiscal Studies, Institute for Fiscal Studies, vol. 16(1), pages 75-89, February.

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