(1) Despite -

(a) the making by a respondent of a statement referred to in section 14(1)(c)(i), or

(b) the fact that a failure by him or her of the kind referred to in section 14(1)(c)(ii) has occurred,

the Board shall not be required to arrange for the making of an assessment under section 20 of the relevant claim concerned (or, as appropriate, shall discontinue any such assessment the making of which it has arranged) if -

(i) in its opinion, there does not exist, or there has not been previously entered into, in relation to the type of personal injury or injuries to which the relevant claim relates, a sufficient body of case law or, as the case may be, a sufficient number of settlements to which regard may be had by the assessors for the purpose of making such an assessment, or

(ii) in its opinion, it would not be appropriate to do so -