Respectfully, I take issue with the point made by Mr Pinder. There is prejudice to the claimant in Mitchell even if his solicitors work without fee. His opponent’s risk assessment is radically affected by the fact that, in the worst case scenario, they will not be required to pay any costs to their opponent. That can only improve their bargaining position and worsen his.

Clive Wismayer, Hedleys Solicitors (part of Wellers Law Group), Great Bookham, Surrey