You seem to know the judicial system so I’ll chuck the question at you but open to anyone else with knowledge.
Situation…..
My son was hit by a lorry in roadworks ont M42. Car written-off he got non life threatening injuries. Witness supported son that it was lorry drivers fault. However, his employer (large well known transport company) decided to take it to court. Just before we went in they offered him a 75/25% blame split in his favour, he said no.
No contest, even though my sons brief only got file 30 mins before hearing (was switched to Nottingham court from Chesterfield at request of transport company’s brief on the day) it was judged as lorry drivers fault 100% and legal costs of £9,800 were awarded against the transport company.
£9,800 for a few minutes work by a young solicitor!!!
As we left I asked my sons brief who would have had to pay the legal costs if my son had lost, her quick cold reply shocked mre ”he would unless he had legal protection insurance”.
Now, back to McB. I assume a barrister for all the pre trial work and 2 days in court must have cost tens of thousands based on my sons experience. So, if his legal cost were say £25,000 who has to pay it? I seem to recall there was a big debate about legal costs in Cheds case.