You are aware the case goes to trial in a matter of weeks, right? You're also aware of the following, right? Should a case settle, then the parties can seek to agree costs, with the general rule that the losing party pays costs.[1] http://en.wikipedia.org/wiki/Costs_in_English_law#.22Costs_Follow_the_Event.22 If HDY wins or AGR settles in HDY's favour, it's the rule rather than the exception that AGR will pay costs.