Section 195(5)

For the purposes of subsection (4)(c) a failure, or anticipated failure, is “relevant” so far as it relates to— the choice of jurisdiction, the use of dilatory strategies, the nature or amount of material sought on disclosure, the way to respond to requests for comment or clarification, the use of correspondence, making or responding to offers to settle, or the use of alternative dispute resolution procedures.

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Source: legislation.gov.uk · retrieved 2026-09-04