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I suggest that the costs rules have now become the problem rather than the solution.

How about scrapping the lot and make costs a separate and additional head of damages to be allowed, wholly or in part, when quantum is dealt with? Also defendants can counterclaim for costs only and again their counterclaim be subject to ex post facto assessment. Conduct of the proceedings by either side can also then be factored in.

The present state of affairs is just a conundrum wrapped up in an enigma, and a very expensive one at that too.

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