Section 44.2(5)

The conduct of the parties includes— conduct before, as well as during, the proceedings and in particular the extent to which the parties followed the Practice Direction – Pre-Action Conduct or any relevant pre-action protocol; whether it was reasonable for a party to raise, pursue or contest a particular allegation or issue; the manner in which a party has pursued or defended its case or a particular allegation or issue; ... whether a claimant who has succeeded in the claim, in whole or in part, exaggerated its claim ; and whether a party failed to comply with an order for alternative dispute resolution, or unreasonably failed to engage in alternative dispute resolution.

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Source: legislation.gov.uk · retrieved 2026-08-15