If you win your case, who pays the legal costs? There is a principle in law that the losing party should pay the winning party’s legal costs. But in practice that rarely happens in business litigation. Courts orders are usually made after the final hearing, and most cases settle well before that.
This means legal costs are usually part of the negotiated settlement. Often they are given away completely as part of the horse trading in a mediation or negotiation. The key having the right strategy in place to maximise the overall settlement outcome. Don’t get hung up on legal costs – focus on getting the best net outcome you can for your business.