How to fund the costs of litigation is almost always a concern for potential Claimants, but this concern is perhaps more pronounced in the current Covid-19 climate. Each party is responsible for its own litigation costs as the claim progresses. When the case comes to an end, costs are dealt with either through a settlement agreement or, if the claim proceeds to trial, the judge will decide which party should pay the costs. Normally the losing party is ordered to pay the reasonable costs incurred by the winning party. MORE.