No doubt where possible litigants will seek protection in advance from adverse costs orders. (newlawjournal.co.uk)
If a Claimant unreasonably refuses settlement offers by the Defendant or refuses genuine offers to mediate, because the Claimant wants their day in court, it is likely that the Judge will make adverse costs orders against the Claimant (i.e. financially penalise the Claimant). (truthlegal.com)
Of course, an almost inevitable adverse costs order in such circumstances deters most litigants who have suffered no damage as a result of contractual breach. (newlawjournal.co.uk)