Each of the parties will nominate one or more individuals to constitute a steering group for the conduct of the litigation and the steering group will appoint one of its number to give instructions to Irwin Mitchell Solicitors. All decisions will be by majority voting (each of the parties to have one vote only) except that decisions which have the effect of incurring costs, including instructions to solicitors must be agreed unanimously.
It is further agreed that Irwin Mitchell shall be under no obligation to deal with any individual other than the person nominated by the steering group for the instruction of solicitors.
In the event of the action being concluded or compromised on terms which leave a surplus of funds which have not been used for the conduct of the litigation, then the funds held for that purpose in Irwin Mitchell's client account will be returned to the parties in proportion to the financial contributions made to the funds paid into Irwin Mitchell's client account for this purpose since 1 September 2003.
The steering group shall decide what further funds are to be contributed by the parties from time to time and shall, for the purpose of such decisions, take into account budgets prepared by Irwin Mitchell Solicitors for the relevant stage or stages of the litigation.
In the event that any costs are awarded against the parties in the litigation (or are agreed to be paid as part of any compromise), the parties will each be liable to each other for one third of those costs
In the event of any of the parties withdrawing from the litigation prior to its conclusion or compromise, the funds which that party has contributed shall not be refunded to it, and furthermore, it shall remain liable to pay one third of any costs awarded against the parties in the litigation (or agreed to be paid as part of any compromise) in relation to costs incurred prior to their withdrawal.