All too often the State approaches litigation against it in the same way any private corporate entity would. It is a war of attrition against each individual plaintiff who dares to sue it. That approach must change, not least because it is hugely discriminatory against those who do not have the time, resources or mental fortitude to fight a case like that. We must also consider the appropriateness of the State pursuing unsuccessful litigants for costs in certain situations, for instance, where a case that is of con…