This is one of the things wrong with America

[LittleFuzzy]

Its not normally known if there's a case or not until after the case has been initially heard. By which point a lot of harm has already been inflicted by the nuisance claim.

Besides which, plenty of nuisance claims are either from people who can't pay the other side's fees, or drag out long enough that the person/group being harassed can't keep going long enough to get a ruling. And at least in the US, the system strongly encourages parties coming to a deal outside of court to reduce the load on the bench.

[Illusions]

We are a litigious society because we don't have a plaintiff pays course costs for losses. Change that and suddenly the system because so much better.

We don't have this because it would be too easy to abuse. Say someone has a legitimate complaint against a large company, and decides to file a lawsuit, regardless of the potential outcome of the court decision, the large company could easily rack up higher defense costs than the person taking them to court can afford, forcing that person to decide whether or not the outcome of the court decision is worth the cost of potentially having to pay the defense costs. This not only affects the person taking the company to court on a legitimate complaint, but discourages future people from doing the same with different legitimate complaints.