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Re the Gomba case, would it still not be the case though that costs would be awarded on an indemnity basis which is a far better position to be in than to not have a clause at all? As for the Consumer Rights Act 2015 I can see that hoops would have to be jumped to stand a chance of making a recovery under a clause but that does not cover business-to-business debts where a lot of UK businesses rely heavily on being able to provide their business customers with credit accounts. A contractual clause to recover costs would still help considerably in those circumstances.