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by EwanToo 4847 days ago
Depending on the case, the judge can order that the loser pays more if they feel the case was fraudulent, misleading, etc.

See Samsung vs Apple, initially Apple didn't have to pay Samsung's fees, but after Apple annoyed the judge with their non-apology apology, the judge ordered that Apple pay [1]:

As to the costs (lawyers' fees) to be awarded against Apple, we concluded that they should be on an indemnity basis. Such a basis (which is higher than the normal, "standard" basis) can be awarded as a mark of the court's disapproval of a party's conduct, particularly in relation to its respect for an order of the court. Apple's conduct warranted such an order.

http://www.bailii.org/ew/cases/EWCA/Civ/2012/1430.html