It's a courts decision, so not necessarily guaranteed. There was a case here where a semi-famous entertainer got sued for defamation, and just before the case went to trial the person suing withdrew the case (cos it was bullshit in my opinion) and the court ordered him to pay all legal costs. I think the judge was pissed he wasted everyone's time.

But you're right, that can be a downside, but I think that'll be true of all systems. You lost your court case because they could afford better lawyers. Or not even better lawyers, they could just afford to drag out the case until you went bankrupt with legal fees.