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Recommendation 95: Applications for wasted costs orders should generally
not be made or entertained until the conclusion of the relevant proceedings.
Recommendation 96: Rules should be issued making it clear (i) that it is
improper to threaten wasted costs proceedings with a view to pressurising or
intimidating the other party or his lawyers; and (ii) that any party who wishes to
put the other side's lawyers on notice of a potential claim for wasted costs
against them should not do so unless he is able, when doing so, to particularise
the misconduct of such lawyers which is alleged to be causing him to incur
wasted costs and to identify evidence or other materials relied on in support.
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