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While it's always nice to see disquiet expressed at senior Judicial level in the direction of those on board the litigation gravy train, unfortunately this almost never filters down to District Judges in the County Court charged with dealing with Costs Assessments.

Arguments that I raise all too often on the issue of proportionality, despite the clear directions in the CPR, inevitably appear to fall on judicial deaf ears, even in cases where costs have vastly exceeded the value of the claim or its subject matter, and often with no reasonable excuse whatsoever.

I have absolutely no doubt that certain firms regard litigation as the gravy train, and will drag out any matter as long as conceivably possible simply to rack up further costs. Hand on heart, I suspect that the majority of litigation solicitors can identify those in their locality who might conceivably consider settling any claim early in the process, as opposed to those that will pursue it to the eve of any Trial before even considering any such.

The whole issue of Proportionality needs to be looked at again, and considered emphatically as one of the primary factors in any assessment of costs, rather than simply as an issue to all intents and purposes to ignore, unless as a factor in support of a wasted costs order.

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