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The DoH's statements in the document referred to in paragraph 4 of the article do not appear to make sense. Surely an inter partes Bill claiming costs incurred in the pre-litigation and pre-notification period would be subject to s. 3.3-3.7 of the PD to Pt 44 and would have to have been accounted for at least in the Pre-Action phase (or conceivably also the Disclosure phase in the case of canvassing/obtaining of expert evidence) of any costs budget. I can't think of any provision or decision providing for such an exclusion for these pre-litigation costs. Or am I missing something here?