Costs in personal injury cases. Toby’s perspective:

Whilst there are devises that an injured Claimant can and should use to protect themeselves against cost liability (no win no fee, after the event insurance or before the event insurance) the usual rule is that the losing party pays the winner’s costs. The cost of litigation paid by Defendants would be a fraction of what it is were Defendants to avoid taking an unrealistic stance on liability and were Defendants to make realistic offers at an early stage.