Again, in France it's not "_loser pays_". It's "_judge determines who pays, and does so in such a way as to deter financial bullying_". The very reason why we

Again, in France it's not "_loser pays_". It's "_judge determines who pays, and does so in such a way as to deter financial bullying_". The very reason why we have judges, rather than only cops, is that mechanically applying rules doesn't work. In most non-trivial cases, we need a human being who defends the sometimes subtle spirit of the law. That's one of those cases.