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Anon @ 13:00 provided there is a relevant reduction i.e. 20% then the claimant's costs are recoverable on the standard basis, equally if there is no such reduction then the costs are payable on the standard basis.

It appears that JG thought he would issue s.68 / s.70 the defendant would make nuisance settlements and he would get a deduction from the client and standard costs. It would seem his optimism was misplaced.

My view is that the datum point for consideration of whether costs are recoverable must be the amount deducted from damages.

Therefore on a £1000 deduction, should the claimant receive a refund of say £100 his/her costs liability is likely to be £1500 or more if the matter is in the SCCO.

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