As I stated, "costs could follow the event" under English Law, which is the term used to signify the losing party paying the winning party's legal costs by judgement.
However, this is only the case in the fraction of cases which actually go to trial and reach the judgement stage. The majority are settled out of court.
Thus for a Judge to rule on costs, there has to be a judgement, not a settlement.
It is a mistake to assume that HDY will both see a judgement and recover costs, this is possible, but the least likely outcome.