Pinchy
Blade, not Bladey.
Doesn’t it, to a degree, depend on the conduct of the parties? I seem to recall cases where the conduct of the ‘winner’ has been so appalling they’ve been ordered to pay their own costs. I could be wrong but I also have in the back of my mind that the courts don’t like those who choose litigation when the matter may have been solved by ADR.
The simple answer is ‘yes’. The court has a fairly wide discretion as to costs but the starting point remains ‘loser pays winner’s costs’ in the High Court.