an undertaking in favour of the complainant that, if the complainant or the respondent commences court proceedings against the other in respect of the complaint in any court in the United Kingdom within six months of the complaint being dismissed, the respondent will:
pay the complainant's reasonable costs and disbursements (to be assessed, if not agreed, on an indemnity basis) in connection with the proceedings at first instance and any subsequent appeal proceedings brought by the respondent; and
make interim payments on account of such costs if and to the extent that it appears reasonable to do so; and
raises an important or novel point of law, which has important consequences; and
would more suitably be dealt with by a court as a test case.
24Factors that the Ombudsman may take into account in considering whether to cease to consider the merits of a complaint so that it may be the subject of a test case in court include (but are not limited to):
whether the point of law is central to the outcome of the dispute;
how important or novel the point of law is in the context of the dispute;
the significance of the consequences of the dispute for the business of the respondent (or respondents in that sector) or for its (or their) customers;
the amount at stake in the dispute;
the remedies that a court could impose;
any representations made by the respondent or the complainant; and
the stage already reached in consideration of the dispute.