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Anon 09.27, liability decisions aren't normally made in error, they are normally made on the basis of incomplete information at the time the respose is required (if for example a witness responds late, or even where perhaps a defendant is on holiday and has not reported the claim) so that's slightly different. I have seen many cases where solicitors have pulled claims out the portal for not receiving their fees, despite the date on the cheque confirming it was raised the day after it was requested but had been delayed in the post; I have also seen claims pulled out for alleged complexity (the 'complexity was simply that the claimant could not document their losses and we called them on it) so clearly it is open to abuse and unreasonable behaviour by solicitors, and yes, defendants as well but that is what we have and in that respect the judge has made the right decision.