Tricky case where both sides have a legitimate reason to believe they are in the right - no costs awarded. Borderline barratry - full costs awarded.
One FAANG sues another - full costs awarded to the winner. Owner of a small corner shop wins against a FAANG - full costs. Other way round, no costs.
Also to set appropriate levels on what costs can be awarded (kinda like the German model). You want to spend 10M on suing a street market stallholder? Knock yourself out, costs awarded = 10k.
I think it'd encourage companies to only sue, if the expected value from winning, was large in comparison to one's litigation costs times two.
Which seems ok to me