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Might it be an idea to do away with the present costs system altogether and just allow a given sum, to be argued over like any other head of damages either in negotiation or at the hearing, and then include the resulting figure as an extra head of special damages? The judge who hears the case can see how well, or otherwise, it has been conducted, and make an award accordingly. In the event that the claimant loses the defendant can claim an award, again to be agreed or argued over at the hearing. The whole costs procedure has become so unnecessarily complex and costly in itself there must be an argument for scrapping it all and starting over again. And everyone would know what he was going to receive, claimant and his representatives at the close of the hearing and it could be enforced pretty well immediately.

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