GENERAL POWERS OF THE DIRECTORS
- The Directors shall, subject to the Rules, be entitled in their discretion to decide whether a Member should be supported by the Association in respect of any claims or disputes or proceedings which are set out in Rule 5.
- Without prejudice to General Rule 19.2 the Directors shall be entitled in their discretion to decide that the Association shall support the Member in connection with any claims, disputes, or proceedings to such state or extent, in such manner and on such terms and conditions as the Directors may think fit, including a term that the Member will not be reimbursed by the Association in respect of any specified amount or proportion of the cost referred to in Rule 4.
- Without prejudice to the General Rule 19.1(g) the Directors shall be entitled, at any time, in their discretion to decide that the Association shall discontinue its support or decline to provide further support in connection with any claims, disputes or proceedings notwithstanding any previous decision by the Director to support the same.
- If the Member shall incur any costs, in connection with any claims, disputes or proceedings or incur any liability to pay any costs to any other party to such claims disputes or proceedings at a time when the Member has not complied with any terms or conditions imposed by the Managers or Directors, or if a Member shall incur any costs through any neglect or default on his part or that of his servants or agents, then the Member shall not be entitled to recover any such costs from the Association and shall be liable to repay to the Association any cost which the Association may have incurred in connection with such claims, disputes or proceedings;
PROVIDED ALWAYS that the Directors may in their discretion decide that the Association should pay or reimburse the Member in whole or in part in respect of any costs for which the Association would not otherwise be liable under this sub-rule or in respect of the costs of any proceedings to which a Member has been a party or in which he has been represented without the support of the Directors under Rule 4.2 or in respect of any such costs as are referred to in rule 4.3 which a Member may have incurred without the approval of the Directors.
- When a Member has settled proceedings on terms which result in a net recovery for him which includes costs recoverable from any other party or lacks a provision as to the recovery of costs from the paying party, then in either event, the Member shall make to the Association such payment in respect of costs recovered as the Managers shall in their discretion consider fair.
- Where a Member has become entitled by judgment, award, agreement, admission or otherwise to recover from any other party in whole or in party the costs of, or incidental to, any proceedings but the Member has been unable to recover the full amount of the claim and costs to which he as become entitled, the Member shall be obliged, if the Directors in their discretion so require, to pay to the Association such proportion of the sum actually recovered by him as the amount of such costs covered by the Association bear to the sum of such claim and costs.