Government as Model Litigants

Resources

Overview

Explainers

Case Notes

Activities

Digital Media

Key Concepts

  • Higher standard for government - Government agencies must act fairly, consistently, and ethically in all stages of litigation because of their significant power and resources.

  • Fair dealing in disputes - Obligations include acting honestly, handling claims promptly, assessing prospects early, paying legitimate claims without delay, and avoiding technical or oppressive tactics.

  • Avoiding misuse of power - Agencies must not take advantage of parties with fewer resources and should keep costs proportionate and reasonable.

  • Encouraging resolution - Agencies should consider alternative dispute resolution where appropriate and avoid unnecessary litigation.

  • Balanced obligations - While required to act fairly, government bodies may still take all legitimate steps to protect the public interest, including pursuing litigation to clarify important legal issues.

  • Accountability and oversight - Compliance is overseen through reporting requirements and potential sanctions, though enforcement mechanisms vary and are often limited.

  • Public confidence - Adhering to model litigant standards promotes trust in government conduct and ensures that the state leads by example in upholding the rule of law.

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