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Rule 46 Excluded costs

1 The Association may decline to cover under a Defence entry all or part of the Member’s costs, where it is of the opinion that;

a) there is no reasonable relation between the amount in dispute and the costs which are likely to be incurred;

b) there is no reasonable relation between the prospects of succeeding in establishing a claim or of having the claim enforced or the liability averted and the costs which are likely to be incurred;

c) the Member has failed to carry out his obligations under these Rules;

d) the claim is unreasonable or tainted with illegality or other improper conduct;

e) for any other reason Defence cover should not apply.

2 The Association shall be under no liability to reimburse a Member for costs incurred;

a) before the Association has been notified of a claim under the Defence cover;

b) by the employment of lawyers, expert and other advisers appointed by the Member without the Association’s approval.