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(a) A prospective cost capping order
(b) A retrospective assessment of costs conducted in accordance with the principles of the CPR
(c) A wasted costs order

(a) Should be the Court's first response when a concern is raised by Defendants. In deciding what order to make the Court should take the principle set out in CPR rule 44.3 governing the retrospective assessment of costs is an important point of reference. An appropriate case Court had power to impose cost capping see S51 of the Supreme Court Act 1981 and CPR rule 3.1 (2)(m), see also A B v Leeds Teaching Hospitals NHS Trust (2003) EWHC 1034.

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