Rule 67 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:

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

    2. 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;

    3. the Member has failed to carry out its obligations under these Rules;

    4. the claim is unreasonable or tainted with illegality or other improper conduct;

    5. for any other reason Defence cover should not apply.

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

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

    2. by the employment of lawyers, experts and other advisers appointed by the Member without the Association's approval.