“Buckton one” is alive and kicking

The modern approach to dispute resolution is to discourage parties from ending up in court. One of the ways in which this has been implemented is through an increased tendency to order the losing party to pay the winner’s costs. The risk of both losing the dispute and having to pay the winner’s costs – as well as having to bear one’s own costs – is designed to make both sides think long and hard before fighting their case all the way to court.